SECTION 8 - CLASSIFIED PERSONNEL POLICIES

• 8.0—CLASSIFIED PERSONNEL POLICY COMMITTEE
• 8.1—CLASSIFIED PERSONNEL SALARY SCHEDULE - Approved June 9, 2025
• Classified Salary Schedule
• Hourly Pay Schedule
• Pre-K Director/Lead Teacher Salary
• Retention Bonus for Years of Service to West Fork School District
• Bus Salary Schedule
• Step Increase Requirements
• Miscellaneous Stipend Rate Schedule
• Fringe Benefits
• 8.2—CLASSIFIED PERSONNEL EVALUATIONS
• 8.4—CLASSIFIED EMPLOYEES DRUG TESTING
• 8.5WF—CLASSIFIED EMPLOYEES SICK LEAVE
• 8.6WF—SICK LEAVE BANK — CLASSIFIED EMPLOYEES
• 8.6WFF—SICK LEAVE BANK REQUEST FORM
• 8.6.1WFF—SICK LEAVE BANK USE FORM
• 8.7—CLASSIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE
• 8.8—CLASSIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS
• 8.9—PUBLIC OFFICE –CLASSIFIED PERSONNEL
• 8.10—JURY DUTY –CLASSIFIED PERSONNEL
• 8.11WF—OVERTIME, COMP TIME, AND COMPLYING WITH FLSA
• 8.12—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT
• 8.13—CLASSIFIED PERSONNEL EMPLOYMENT
• 8.14WF—CLASSIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES
• 8.15—CLASSIFIED PERSONNEL USE OF TOBACCO, ELECTRONIC NICOTINE
• 8.16—DRESS OF CLASSIFIED EMPLOYEES
• 8.17—CLASSIFIED PERSONNEL POLITICAL ACTIVITY
• 8.18—CLASSIFIED PERSONNEL DEBTS
• 8.19—CLASSIFIED PERSONNEL GRIEVANCES
• 8.19F—LEVEL TWO GRIEVANCE FORM - CLASSIFIED
• 8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT
• 8.21—CLASSIFIED PERSONNEL SUPERVISION OF STUDENTS
• 8.22—CLASSIFIED PERSONNEL TECHNOLOGY USE POLICY
• 8.22F—CLASSIFIED PERSONNEL INTERNET USE AGREEMENT
• 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE
• 8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES
• 8.25—CLASSIFIED PERSONNEL CELL PHONE USE
• 8.26—CLASSIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING
• 8.27—CLASSIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT
• 8.28—DRUG-FREE WORKPLACE - CLASSIFIED PERSONNEL
• 8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT
• 8.29—CLASSIFIED PERSONNEL VIDEO SURVEILLANCE AND OTHER
• 8.30—CLASSIFIED PERSONNEL REDUCTION IN FORCE
• 8.31—CLASSIFIED PERSONNEL RENEWAL AND TERMINATION
• 8.32—CLASSIFIED PERSONNEL ASSIGNMENTS
• 8.33—CLASSIFIED PERSONNEL SCHOOL CALENDAR
• 8.34—CLASSIFIED PERSONNEL DUTIES AS MANDATED REPORTERS
• 8.35—OBTAINING and RELEASING STUDENT’S FREE and REDUCED-PRICE
• 8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES AND WORKERS’
• 8.37WF—LICENSED PERSONNEL SOCIAL NETWORKING AND ETHICS
• 8.39WF—DEPOSITING COLLECTED FUNDS
• 8.40WF—CLASSIFIED PERSONNEL WEAPONS ON CAMPUS
• 8.41—WRITTEN CODE OF CONDUCT FOR EMPLOYEES INVOLVED IN
• 8.42—CLASSIFIED PERSONNEL BUS DRIVER END of ROUTE REVIEW
• 8.43—CLASSIFIED PERSONNEL USE OF PERSONAL PROTECTIVE EQUIPMENT
• 8.44—CLASSIFIED PERSONNEL CONTRACT RETURN
• 8.45—CLASSIFIED PERSONNEL CODE OF CONDUCT
• 8.46—CLASSIFIED PERSONNEL MATERNITY LEAVE
• 8.47—CLASSIFIED PERSONNEL NAME, TITLE, OR PRONOUN
• 8.48—CLASSIFIED PERSONNEL DUTY TO MAINTAIN LICENSE IN GOOD STANDING
• 8.49—CLASSIFIED PERSONNEL USE OF ARTIFICIAL INTELLIGENCE
• 8.50WF—-ATTENDANCE
• 8.51WF—-CLASSIFIED PAYROLL SCHEDULE
• 8.52WF—-VACATIONS AND HOLIDAYS
• 8.57WF—-BACKGROUND CHECKS
• 8.58WF—-INSTRUCTIONAL AIDES
• 8.59WF—-SOLICITATIONS BY STAFF MEMBERS
• 8.60WF—-COMMERCIAL DRIVER’S LICENSE FOR BUS DRIVERS
• 8.61—ANTISEMITISM PROHIBITED

8.0—CLASSIFIED PERSONNEL POLICY COMMITTEE

Membership

The membership of the classified personnel policy committee (PPC) shall be:

1. At least one (1) nonmanagement classified representative from each of the following classifications:
2. Maintenance, operation, and custodians;
3. Transportation;
4. Food service;
5. Secretary and clerk; and
6. Aides and paraprofessionals.
7. At least one (1) non-management individual to represent the group of all other job classifications of classified employees not identified in A-E above; and
8. Up to three (3) Classified employee administrators appointed by the superintendent, which may include the superintendent.

Election of Non-management Members

The non-management members of the PPC shall be elected as follows:

The election for the non-management members of the PPC shall be conducted by the PPC by October 15 of each year. The election shall be conducted with the use of a secret ballot. A non-management employee may cast a ballot to vote for the candidate(s)3 the non-management employee is eligible to vote for. The candidate who receives the highest number of votes shall be declared the winner. In the event a position up for election only receives one candidate by the date designated for the submission of candidates, the unopposed candidate shall be declared to be elected without the need to hold a full election for the position.

If an election to fill positions on the PPC is not conducted by October 15, the Board of Directors may appoint an individual to fill the position that was up for election.

Length of Term

The length of term for non-management members of the PPC shall be two (2) years. Terms of non-management members shall be staggered so that, to the extent possible, an equal number of non-management members are elected each year. If an election is held due to a vacancy on the PPC, the individual elected to fill the vacancy shall be elected to the remainder of the unexpired term.

Selection of Officers

The PPC shall organize itself in the first quarter of each school year and elect a chair and a secretary.

Meetings

The PPC shall develop a calendar of regularly scheduled meetings throughout the year to review the District's personnel policies in order to:

1. Determine whether additional policies or amendments to existing policies are needed;
2. Review any policies or changes to policies proposed by the board of directors;
3. Propose additional policies or amendments to the board of directors; and
4. Review any proposed distribution of a salary underpayment from previous years.

The PPC shall hold special meetings throughout the year as necessary to review personnel policy proposals from the Board.

A majority of the members of the PPC shall constitute a quorum for conducting business. The adoption of any motion shall require an affirmative vote by a majority of the members of the PPC.

The personnel policy review process shall be in accordance with Policy 1.9.

Members of the PPC are not entitled to and shall not receive additional pay for their service on the PPC or for attendance at PPC meetings.

Recording of Meetings

All PPC meetings shall be audio recorded. The recording may be paused in order to protect confidential employee or student information. The PPC chair shall announce for the recording the reason the PPC is pausing the recording prior to pausing the recording.

Information Posted to District Website

The following information shall be posted to the District website:

* Positions that are up for election to the PPC;
* Names of candidates running for each position;
* Information regarding the conduction of the election;
* Results of the election; and
* Minutes of each PPC meeting.

Cross Reference: 1.9—POLICY FORMULATION

Legal Reference: A.C.A. § 6-17-2301 et seq.

Date Adopted: May 18, 2023
Last Revised: April 28, 2024

8.1—CLASSIFIED PERSONNEL SALARY SCHEDULE - Approved June 9, 2025

Classified Salary Schedule

Years Experience	Steps	District Treasurer	Bookkeeper/Human Resources	District Secretary	High School Secretary	Middle School Secretary	Elementary School Secretary	Accounts Payable
		240	240	240	240	240	240	240
		8 hours	8 hours	8 hours	8 hours	8 hours	8 hours	8 hours
0	1	38,730	29,106	27,064	26,401	26,401	26,401	22,383
1	2	40,690	31,066	29,024	28,361	28,361	28,361	24,343
2	3	41,180	31,556	29,224	28,561	28,561	28,561	24,637
3	4	41,670	32,046	29,424	28,761	28,761	28,761	24,931
4	5	42,160	32,536	29,624	28,961	28,961	28,961	25,225
5	6	42,650	33,026	29,824	29,161	29,161	29,161	25,519
6	7	43,140	33,516	30,024	29,361	29,361	29,361	25,813
7	8	43,630	34,006	30,224	29,561	29,561	29,561	26,107
8	9	44,120	34,496	30,424	29,761	29,761	29,761	26,401
9	10	44,610	34,986	30,624	29,961	29,961	29,961	26,695
10	11	45,100	35,476	30,824	30,161	30,161	30,161	26,989
11	12	45,590	35,966	31,024	30,361	30,361	30,361	27,283
12	13	46,080	36,456	31,224	30,561	30,561	30,561	27,577
13	14	46,570	36,946	31,424	30,761	30,761	30,761	27,871
14	15	47,060	37,436	31,624	30,961	30,961	30,961	28,165
15	16	47,550	37,926	31,824	31,161	31,161	31,161	28,459
16	17	48,040	38,416	32,024	31,361	31,361	31,361	28,753
17	18	48,628	39,004	32,224	31,561	31,561	31,561	29,243
18	19	49,216	39,592	32,424	31,761	31,761	31,761	29,733
19	20	49,804	40,180	32,624	31,961	31,961	31,961	30,223
20	21	50,392	40,768	32,824	32,161	32,161	32,161	30,713
21	22	50,980	41,356	33,024	32,361	32,361	32,361	31,203
22	23	51,568	41,944	33,524	32,861	32,861	32,861	31,693
23	24	52,156	42,532	34,024	33,361	33,361	33,361	32,183
24	25	52,744	43,120	34,524	33,861	33,861	33,861	32,673
25	26	53,332	43,708	35,024	34,361	34,361	34,361	33,163
26	27	53,920	44,296	35,524	34,861	34,861	34,861	33,653
27	28	54,606	44,982	36,024	35,361	35,361	35,361	34,143
28	29	55,292	45,668	36,524	35,861	35,861	35,861	34,633
29	30	55,978	46,354	37,024	36,361	36,361	36,361	35,123
30	31	56,664	47,040	37,524	36,861	36,861	36,861	35,613
31	32	57,350	47,726	38,024	37,361	37,361	37,361	36,103

Years Experience	Steps	Director of Facilities and Transportation	System Administrator	Network Administrator	Child Nutrition Director	RN	LPN
		240	240	240	210	185	185
		8 hours	8 hours	8 hours	8 hours	7.5 hours	7.5 hours
0	1	42,826	31,164	36,967	25,368	31,913	21,460
1	2	44,786	33,124	38,927	27,300	33,301	22,848
2	3	45,276	33,324	39,492	27,552	33,647	23,218
3	4	45,766	33,524	40,057	27,804	33,994	23,588
4	5	46,256	33,724	40,622	28,056	34,341	23,958
5	6	46,746	33,924	41,187	28,308	34,688	24,328
6	7	47,236	34,124	41,752	28,560	35,035	24,698
7	8	47,726	34,324	42,317	28,812	35,382	25,068
8	9	48,216	34,524	42,882	29,064	35,729	25,438
9	10	48,706	34,724	43,447	29,316	36,076	25,808
10	11	49,196	34,924	44,012	29,568	36,422	26,178
11	12	49,686	35,124	44,577	29,820	36,769	26,548
12	13	50,176	35,324	45,142	30,072	37,116	26,918
13	14	50,666	35,524	45,707	30,324	37,463	27,288
14	15	51,156	35,724	46,272	30,576	37,810	27,658
15	16	51,646	35,924	46,837	30,996	38,157	28,028
16	17	52,136	36,124	47,402	31,416	38,504	28,398
17	18	52,724	36,324	47,967	31,836	38,920	28,842
18	19	53,312	36,524	48,532	32,256	39,336	29,286
19	20	53,900	36,724	49,097	32,676	39,752	29,730
20	21	54,488	36,924	49,662	33,096	40,169	30,174
21	22	55,076	37,124	50,227	33,516	40,585	30,618
22	23	55,664	37,624	50,792	33,936	41,001	31,062
23	24	56,252	38,124	51,357	34,356	41,417	31,506
24	25	56,840	38,624	51,922	34,776	41,834	31,950
25	26	57,428	39,124	52,487	35,196	42,250	32,394
26	27	58,016	39,624	53,052	35,616	42,666	32,838
27	28	58,702	40,124	53,617	36,456	43,360	33,356
28	29	59,388	40,624	54,182	37,296	44,054	33,874
29	30	60,074	41,124	54,747	38,136	44,747	34,392
30	31	60,760	41,624	55,312	38,976	45,441	34,910
31	32	61,446	42,124	55,877	39,816	46,135	35,428
1. Based on previous experience, a new employee may be advanced to a higher step. 2. Merit raises based on job performance may be given on the recommendation of the Superintendent. 3. All hourly workers will be paid for actual hours worked with the exception being paid holidays and vacation time.

Hourly Pay Schedule

Years Experience	Steps	Maintenance Worker	Licensed Mechanic	Skilled Craftsman	Custodial Worker	Cafeteria Worker	Aide 1 (60 hours of college credit)	Aide 2
		251	251	251	251	185.00	185	185
		8 hours	Varies 6.5-8 hours	8 hours	8 hours	Varies 6-8	Varies 6.5-8 hours	Varies 6.5-8 hours
0	1	13.15	13.75	11.25	11.00	11.00	17.22	12.07
1	2	14.15	14.75	12.25	12.00	12.00	18.22	13.07
2	3	14.40	15.00	12.50	12.25	12.25	18.39	13.24
3	4	14.65	15.25	12.75	12.50	12.50	18.56	13.41
4	5	14.90	15.50	13.00	12.75	12.75	18.72	13.58
5	6	15.15	15.75	13.25	13.00	13.00	18.89	13.74
6	7	15.40	16.00	13.50	13.25	13.25	19.06	13.91
7	8	15.65	16.25	13.75	13.50	13.50	19.22	14.08
8	9	15.90	16.50	14.00	13.75	13.75	19.39	14.24
9	10	16.15	16.75	14.25	14.00	14.00	19.56	14.41
10	11	16.40	17.00	14.50	14.25	14.25	19.72	14.57
11	12	16.65	17.25	14.75	14.50	14.50	19.89	14.74
12	13	16.90	17.50	15.00	14.75	14.75	20.06	14.91
13	14	17.15	17.75	15.25	15.00	15.00	20.22	15.07
14	15	17.40	18.00	15.50	15.25	15.25	20.39	15.24
15	16	17.65	18.25	15.75	15.50	15.50	20.56	15.41
16	17	17.90	18.50	16.00	15.75	15.75	20.72	15.57
17	18	18.20	18.80	16.30	16.05	16.05	20.89	15.74
18	19	18.50	19.10	16.60	16.35	16.35	21.06	15.91
19	20	18.80	19.40	16.90	16.65	16.65	21.22	16.07
20	21	19.10	19.70	17.20	16.95	16.95	21.39	16.24
21	22	19.40	20.00	17.50	17.25	17.25	21.55	16.4
22	23	19.70	20.30	17.80	17.55	17.55	21.72	16.57
23	24	20.00	20.60	18.10	17.85	17.85	21.89	16.74
24	25	20.30	20.90	18.40	18.15	18.15	22.05	16.9
25	26	20.60	21.20	18.70	18.45	18.45	22.22	17.07
26	27	20.90	21.50	19.00	18.75	18.75	22.39	17.24
27	28	21.25	21.85	19.35	19.10	19.10	22.55	17.4
28	29	21.60	22.20	19.70	19.45	19.45	22.72	17.57
29	30	21.95	22.55	20.05	19.80	19.80	22.88	17.73
30	31	22.30	22.90	20.40	20.15	20.15	23.05	17.9
31	32	22.65	23.25	20.75	20.50	20.50	23.22	18.07
Cafeteria workers will be expected to work banquets from time to time. The pay for after-hours will be their hourly wage plus 1.75 per hour.   Food Service Manager Additional Pay Each school will have a Food Service Manager that will receive additional hourly pay added to their cafeteria worker pay rate based on the table below. • 0 - 4 years of manager experience $1.00/hour • 5 - 9 years of manager experience $1.10/hour • 10 - 14 years of manager experience $1.20/hour • 15 - 19 years of manager experience $1.30/hour • 20 - 22 years of manager experience $1.40/hour   Food Service Secretary Additional Pay The Food Service Secretary will receive additional hourly pay added to their cafeteria worker pay rate based on the table below. 0 - 4 years of manager experience $1.00/hour • 5 - 9 years of manager experience $1.10/hour • 10 - 14 years of manager experience $1.20/hour • 15 - 19 years of manager experience $1.30/hour • 20 - 22 years of manager experience $1.40/hour   Transportation and Maintenance Secretary Additional Pay The Transportation and Maintenance Secretary will receive additional hourly pay added to their skilled craftsman worker pay rate based on the table below. 0 - 4 years of manager experience $1.00/hour • 5 - 9 years of manager experience $1.10/hour • 10 - 14 years of manager experience $1.20/hour • 15 - 19 years of manager experience $1.30/hour • 20 - 22 years of manager experience $1.40/hour   Lead Maintenance Worker Additional Pay The Lead Maintenance Worker will receive additional hourly pay added to their pay rate based on the table below. 0 - 4 years of lead experience $1.10/hour • 5 - 9 years of lead experience $1.20/hour • 10 - 14 years of lead experience $1.30/hour • 15 - 19 years of lead experience $1.40/hour • 20 plus yeas of lead experience $1.50/hour

Pre-K Director/Lead Teacher Salary

180 Day Contract

Years   Experience	Step	HS   Diploma/GED	Associates  Salary	Bachelors   Salary	Masters Salary
0	1	23,040	29,760	34,560	41,280
1	2	24,000	30,720	35,520	42,240
2	3	24,960	31,680	36,480	43,200
3	4	25,920	32,640	37,440	44,160
4	5	26,880	33,600	38,400	45,120
5	6	27,840	34,560	39,360	46,080
6	7	28,800	35,520	40,320	47,040
7	8	29,760	36,480	41,280	48,000
8	9	30,720	37,440	42,240	48,960
9	10	31,680	38,400	43,200	49,920
10	11	32,640	39,360	44,160	50,880
11	12	33,600	40,320	45,120	51,840
12	13	34,560	41,280	46,080	52,800
13	14	35,520	42,240	47,040	53,760
14	15	36,480	43,200	48,000	54,720
15	16	37,440	44,160	48,960	55,680
16	17	38,400	45,120	49,920	56,640

Retention Bonus for Years of Service to West Fork School District

Retention Bonus for Years of Service to West Fork School District as a classified employee.   *Retention bonus payments will be made in May for the appropriate year the employee has been with the West Fork School District as a classifed employee   Half time employees will received a half bonus.   *Years in other school districts do not apply toward the retention bonus.   *Retention bonuses will begin in the 24-25 school year.   *Retention bonuses will not be retroactive.

Bonus paid in May of year 5, 10, 15, 20, 25, and 30.   5th Yr $100 10th Yr $200 15th Yr $400 20th Yr $800 25th Yr $1600 30th Yr* $3200   *The $3200 payment will be paid for every 5th year after 30 (35, 40, 45, etc)

Bus Salary Schedule

Years Experience	Steps	Medium	Long	Extra-Long		Years Experience	Steps	Medium	Long	Extra-Long
		Up to 20 Miles	21-35 Miles	36 & more Miles				Up to 20 Miles	21-35 Miles	36 & more Miles
0	1	39.88	45.44	55.49		16	17	58.38	63.94	73.99
1	2	43.38	48.94	58.99		17	18	59.38	64.94	74.99
2	3	44.38	49.94	59.99		18	19	60.38	65.94	75.99
3	4	45.38	50.94	60.99		19	20	61.38	66.94	76.99
4	5	46.38	51.94	61.99		20	21	62.38	67.94	77.99
5	6	47.38	52.94	62.99		21	22	63.38	68.94	78.99
6	7	48.38	53.94	63.99		22	23	64.38	69.94	79.99
7	8	49.38	54.94	64.99		23	24	65.38	70.94	80.99
8	9	50.38	55.94	65.99		24	25	66.38	71.94	81.99
9	10	51.38	56.94	66.99		25	26	67.38	72.94	82.99
10	11	52.38	57.94	67.99		26	27	68.38	73.94	83.99
11	12	53.38	58.94	68.99		27	28	69.38	74.94	84.99
12	13	54.38	59.94	69.99		28	29	70.38	75.94	85.99
13	14	55.38	60.94	70.99		29	30	71.38	76.94	86.99
14	15	56.38	61.94	71.99		30	31	72.38	77.94	87.99
15	16	57.38	62.94	72.99		31	32	73.38	78.94	88.99
Transportation
1. Any route over 20 miles round trip or which requires the driver to drive over 1.5 hours will be considered a long trip. 2. Any route over 35 miles round trip or which requires the driver to drive over 2 hours will be considered an extra-long trip. 3. Substitute drivers will be paid $42.50 per day. 4. Bus drivers will receive five (5) sick days per year.
Field Trips
Trip pay will be $11.00 for each hour after the employee's regular contract time not to exceed sixteen (16) hours in a twenty-four (24) hour period. Coaches, sponsors, etc. who that drive their own students will be paid $11.00 per hour for actual drive time after school has been dismissed. Drivers will be responsible for their own meals on daily field trips. Meals and room reimbursements for overnight trips will be dealt with as stated in district policies 3.20WF and 8.41WF.
Bus Driver Incentive
Bus drivers may receive up to $450 a year extra as a work attendance incentive based on the following schedule:
0 Days Absent - $450					3 Days Absent - $225
1 Day Absent - $375					4 Days Absent - $150
2 Days Absent - $300					5 Days Absent - $75
					6 Days Absent - $0
*Note - 1/2 days and 1/2 routes shall be counted at $37.50

Step Increase Requirements

For the purposes of this policy, an employee must work two thirds (2/3) of the number of their regularly assigned annual work days to qualify for a step increase.

The superintendent has the authority, when recommending an applicant and his/her placement on the District's salary schedule to the Board for its approval, to consider the applicant's previous work experience with similar duties, responsibilities, and skill sets to those job duties and responsibilities the applicant would assume for the District.

Classified Salary Schedule is a set of matrices that are updated and published each school year, which contains the minimum salaries for all five classifications of classified employees and includes ranges, steps, and rates of pay. The salary schedule is required to reflect the actual pay practices of the district.

For the purposes of this policy, an employee must work two thirds (2/3) of the number of their regularly assigned annual work days to qualify for a step increase. 

The superintendent has the authority, when recommending an applicant and his/her placement on the District's salary schedule to the Board for its approval, to consider the applicant's previous work experience with similar duties, responsibilities, and skill sets to those job duties and responsibilities the applicant would assume for the District.

Miscellaneous Stipend Rate Schedule

All certified and classified staff will be paid according to the appropriate salary schedule.  Those with additional responsibilities will be paid additional supplements per the following schedule.

Athletics
Athletic Director	$10,000
Head Senior Football	$3,120
Head Senior Basketball (per team)	$3,120
Head Senior Volleyball	$3,120
Head Junior Football	$1,785
Head Junior Basketball (per team)	$1,785
Head Junior Volleyball	$1,785
Head Baseball	$1,545
Head Softball	$1,545
Head Senior Track (per team)	$775
Head Junior Track (per team)	$500
Head 7th Grade Football	$1,000
Head 7th Grade Basketball (per team)	$1,000
Head 7th Grade Volleyball	$1,000
Head Senior High Cross Country (per team)	$775
Head Junior High Cross Country (per team)	$500
Head Golf	$350
Senior Cheerleaders	$3,120
Junior Cheerleaders	$1,785
7th Grade Cheerleaders	$1,000
Assistant Senior Football	$1,200
Assistant Senior Basketball	$1,200
Assistant Senior Volleyball	$1,200
Assistant Baseball	$670
Assistant Softball	$670
Assistant Senior Track (per team)	$335
Assistant Senior Cross Country (per team)	$335
Assistant Junior Football	$750
Assistant Junior Basketball (per team)	$750
Assistant Junior Volleyball	$750
Assistant Junior Track (per team)	$300
Assistant Junior Cross Country (per team)	$300
7th Grade Football Assistant	$600
7th Grade Basketball Assistant	$600
7th Grade Volleyball Assistant	$600
Pee Wee Basketball Coordinator	$1,520 (Can be split up between coaches)
Pee Wee Football Coordinator	$760
Minor Assistant Football	$670
Minor Assistant Basketball	$670
Esports	$335
Performing Arts
Senior High Band Director	$3,120
Junior High Band Director	$1,785
High School Choir Director	$2,000
Junior High Choir Director	$1,000
Assistant Senior Band Director	$1,200
Assistant Junior Band Director	$700
Beginners Band	$560
Flag Team	$500
School Services
District FACE Coordinator	$1200 (can be split)
District Wellness Coordinator	$750
District Testing Coordinator	$1,500
District Homeless Liaison	$1,500
District Equity Coordinator	$750
District Student Services Coordinator	$750
Federal Programs Coordinator	$2,000
Bright Futures Coordinator	$335
Building FACE Coordinator	$1,200
School Level Improvement Plan Leader(s)	$1,000 per building (can be split)
District 504 Coordinator	$1,000
Curriculum and Instruction
District ESL Coordinator	$1,250
Speech Therapist	$1,500
District Dyslexia Coordinator	$1,250
Project Lead the Way Coordinator	$1,000
Student Services
ALE Facilitator	$1,500
Yearbook	$700
Senior Class Sponsor (1 position)	$400
Junior Class Sponsor (1 position)	$400
High School National Honor Society Sponsor	$400
High School Student Council	$530
Middle School Student Council	$530
FBLA	$335
FCCLA	$335
FFA	$335
Junior Bank Board	$335
SkillsUSA	$335
Spanish Club	$335
AR Model UN	$335
Drama Club	$335
Miscellaneous
Gatekeeper for Events	$12.00 per hour
After-school Program	$20 per hour
Additional morning or afternoon monitoring	Per diem
Tutoring/Homebound	Per diem
Bus Training	$12.00 per hour
Seamless Summer Lunch Program	Per diem
Bus Drivers keeping the bus at their house	$1.50 per day
Shoe allowance for cafeteria staff	$25.00
Summer School teacher	$25.00 per hour
Summer School nurse	$20.00 per hour
Summer School bus driver	$50.00 per day
Concession Stand Director	$3,000 for the year paid in two separate payments $1500 in December $1500 in April
Substitute Nurse	$140.00 per day

Fringe Benefits

The West Fork School District greatly appreciates its employees and their commitment to excellence; therefore, the district is proud to provide the following fringe benefits to its employees.

• All full-time employees are eligible for medical insurance.

• All full-time employees receive dental insurance paid for by the district.

• All full-time employees receive short-term disability insurance paid for by the district.

• All full-time employees receive a hospital confinement plan paid for by the district.

• All full-time employees receive long-term disability insurance paid for by the district.

• All full-time employees receive vision insurance paid for by the district.

• All full-time employees receive life insurance paid for by the district.

• The district matches employee salaries who are in the Arkansas Teacher Retirement System at 15.00%.

Part-time employees are eligible for benefits as allowable by law.  

Cross References:        Policy 1.9—POLICY FORMULATION

Legal References:        A.C.A. § 6-17-2203

                        A.C.A. § 6-17-2301

                        DESE Rules Governing Documents Posted to School District and Education Service

                                       Cooperative Websites

Date Adopted:                June 8, 2009

Last Revised:                    October 13, 2025

8.2— CLASSIFIED PERSONNEL EVALUATIONS

Classified personnel may be periodically evaluated.

Any forms, procedures, or other methods of evaluation, including criteria, are to be developed by the Superintendent and or his designee(s) but shall not be part of the personnel policies of the District.

Cross Reference:        3.2—LICENSED PERSONNEL EVALUATIONS

Legal Reference:        A.C.A. § 6-17-2301

Date Adopted:              June 8, 2009

Last Revised:                July 17, 2017

8.2—CLASSIFIED PERSONNEL EVALUATIONS

Classified personnel may be periodically evaluated.

Any forms, procedures, or other methods of evaluation, including criteria, are to be developed by the Superintendent and or his designee(s) but shall not be part of the personnel policies of the District.

Cross Reference: 3.2—LICENSED PERSONNEL EVALUATIONS

Legal Reference: A.C.A. § 6-17-2301

Date Adopted: June 8, 2009
Last Revised: July 17, 2017

8.4—CLASSIFIED EMPLOYEES DRUG TESTING

Definitions

“Clearinghouse” means the Federal Motor Carrier Safety Administration Commercial Driver's License Drug and Alcohol Clearinghouse.

“Database” means the Commercial Driver Alcohol and Drug Testing Database of the Office of Driver Services of the Arkansas Department of Finance and Administration.

“Safety-sensitive function” includes:

1. All time spent inspecting, servicing, and/or preparing the vehicle;
2. All time spent driving the vehicle;
3. All time spent loading or unloading the vehicle or supervising the loading or unloading of the vehicle; and
4. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

“School Bus” is a motorized vehicle that meets the following requirements:

1. Is designed to carry more than ten (10) passengers;
2. Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
3. Is operated for the transportation of students from home to school, from school to home, or to and from school events.

Scope of Policy

Each person hired for a position that allows or requires the employee to operate a school bus shall meet the following requirements:

1. The employee shall possess a current driver’s license authorizing the individual to operate the size school bus the individual is being hired to drive;
2. Have undergone a physical examination, which shall include a drug test, by a licensed physician or advanced practice nurse within the past two years; and
3. A current valid certification of school bus driver in-service training.

Each person’s initial employment for a job entailing a safety-sensitive function is conditioned upon:

* The district receiving a negative drug test result for that employee;
* The employee submitting an electronic authorization through the Clearinghouse for the District to run a full query of the employee’s information in the Clearinghouse; and
* The employee’s signing a written authorization for the District to request information from:
* The Database; and
* Any U.S. Department of Transportation regulated employers who have employed the
employee during any period during the two (2) years prior to the date of the employee’s application.

All employees who perform safety-sensitive functions shall annually submit a written authorization for the District to conduct a limited query of the employee’s information from the Clearinghouse. The District shall perform a limited query of all employees who perform safety-sensitive functions at least once each school year. If the District’s limited query of the Clearinghouse shows that information exists in the Clearinghouse that may prohibit the employee from performing safety-sensitive functions, the District shall conduct a full query of the Clearinghouse on the employee within twenty-four (24) hours of conducting the limited query. If the District is unable to conduct a full query within twenty-four (24) hours due to the twenty-four (24) hours falling on a weekend, holiday, or other days the District is closed or due to the failure of the employee to authorize the District to receive information resulting from the full query of the Clearinghouse, the employee shall not be permitted to perform any safety-sensitive function until the District conducts the full query and the results confirm that the employee’s Clearinghouse record contains no prohibitions on the employee performing safety-sensitive functions.

Methods of Testing

The collection, testing methods, and standards shall be determined by the agency or other medical organizations chosen by the School Board to conduct the collection and testing of samples. The drug and alcohol testing is to be conducted by a laboratory certified pursuant to the most recent guidelines issued by the United States Department of Health and Human Services for such facilities. (“Mandatory Guidelines for Federal Workplace Drug Testing Programs”)

Requirements

Employees shall be drug and alcohol-free from the time the employee is required to be ready to work until the employee is relieved from the responsibility for performing work and/or any time they are performing a safety-sensitive function. In addition to the testing required as an initial condition of employment, employees shall submit to subsequent drug and alcohol tests as required by law and/or regulation. Subsequent testing includes, and/or is triggered by, but is not limited to:

1. Random tests;
2. Testing in conjunction with an accident;
3. Receiving a citation for a moving traffic violation; and
4. Reasonable suspicion.

Prohibitions

1. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater;
2. No driver shall use alcohol while performing safety-sensitive functions;
3. No driver shall perform safety-sensitive functions within four (4) hours after using alcohol;
4. No driver required to take a post-accident alcohol test under \# 2 above shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first;
5. No driver shall refuse to submit to an alcohol or drug test in conjunction with \# 1, 2, and/or 4 above;
6. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when using any controlled substance, except when used pursuant to the instructions of a licensed medical practitioner who, with knowledge of the driver’s job responsibilities, has advised the driver that the substance will not adversely affect the driver’s ability to safely operate his/her vehicle. It is the employee’s responsibility to inform his/her supervisor of the employee’s use of such medication;
7. No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive or has adulterated or substituted a test specimen for controlled substances.

Violation of any of these prohibitions may lead to disciplinary action being taken against the employee, which could include termination or non-renewal.

Testing for Cause

Drivers involved in an accident in which there is a loss of another person’s life shall be tested for alcohol and controlled substances as soon as practicable following the accident. Drivers shall also be tested for alcohol within eight (8) hours and for controlled substances within thirty-two (32) hours following an accident for which they receive a citation for a moving traffic violation if the accident involved: 1\) bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, or 2\) one or more motor vehicles incurs disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Refusal to Submit

Refusal to submit to an alcohol or controlled substance test means that the driver

* Failed to appear for any test within a reasonable period of time as determined by the employer consistent with applicable Department of Transportation agency regulation;
* Failed to remain at the testing site until the testing process was completed;
* Failed to provide a urine specimen for any required drug test;
* Failed to provide a sufficient amount of urine without an adequate medical reason for the failure;
* Failed to undergo a medical examination as directed by the Medical Review Officer as part of the verification process for the previously listed reason;
* Failed or declined to submit to a second test that the employer or collector has directed the driver to take;
* Failed to cooperate with any of the testing processes; and/or
* Adulterated or substituted a test result as reported by the Medical Review Officer.

School bus drivers should be aware that refusal to submit to a drug or alcohol test when the test is requested based on a reasonable suspicion can constitute grounds for criminal prosecution.

Consequences for Violations

Drivers who engage in any conduct prohibited by this policy, who refuse to take a required drug or alcohol test, refuse to sign the request for information required by law, or who exceed the acceptable limits for the respective tests shall no longer be allowed to perform safety-sensitive functions. Actions regarding their continued employment shall be taken in relation to their inability to perform these functions and could include termination or non-renewal of their contract of employment.

Drivers who exhibit signs of violating the prohibitions of this policy relating to alcohol or controlled substances shall not be allowed to perform or continue to perform safety-sensitive functions if they exhibit those signs during, just preceding, or just after the period of the workday that the driver is required to be in compliance with the provisions of this policy. This action shall be based on specific, contemporaneous, articulable observations concerning the behavior, speech, or body odors of the driver. The Superintendent or his/her designee shall require the driver to submit to “reasonable suspicion” tests for alcohol and controlled substances. The direction to submit to such tests must be made just before, just after, or during the time the driver is performing safety-sensitive functions. If circumstances prohibit the testing of the driver the Superintendent or his/her designee shall remove the driver from reporting for, or remaining on, duty for a minimum of twenty-four (24) hours from the time the observation was made triggering the driver’s removal from duty.

If the results for an alcohol test administered to a driver are equal to or greater than 0.02, but less than 0.04, the driver shall be prohibited from performing safety-sensitive functions for a period not less than twenty-four (24) hours from the time the test was administered. Unless the loss of duty time triggers other employment consequence policies, no further action against the driver is authorized by this policy for test results showing an alcohol concentration of less than 0.04.

Reporting Requirements

The District shall report the following information about an employee who performs safety-sensitive functions to the Clearinghouse by the close of the third (3rd) business day following the date the District obtained the information:

1. An alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
2. A negative return-to-duty test result;
3. A refusal to take an alcohol test;
4. A refusal to test determination; however, if the refusal to test determination is based on the employee’s admission of adulteration or substitution of the specimen, the District shall only report the admissions made to the specimen collector; and
5. A report that the driver has successfully completed all follow-up tests as prescribed in the Substance Abuse Professional report.

The District shall report the following violations for an employee who performs safety-sensitive functions by the close of the third (3rd) business day following the date the District obtains actual knowledge of:

1. On-duty alcohol use;
2. Pre-duty alcohol use;
3. Alcohol use following an accident; and
4. Controlled substance use.

Legal References: A.C.A. § 6-19-108
A.C.A. § 6-19-119
A.C.A. § 27-23-105
A.C.A. § 27-23-201 et seq.
49 C.F.R. § part 40
49 C.F.R. § 382-101 – 605
49 C.F.R. § 382.701 et seq.
49 C.F.R. § 383.5
49 C.F.R. § 390.5
Arkansas Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Arkansas Public School Buses and Physical Examinations of School Bus Drivers

Date Adopted: June 8, 2009
Last Revised: June 14, 2021

8.5WF—CLASSIFIED EMPLOYEES SICK LEAVE

Definitions

1. “Employee” is an employee of the District working 20 or more hours per week who is not required to have a teaching license as a condition of his employment.

1. “Sick Leave” is absence from work due to illness, whether by the employee or a member of the employee’s immediate family or due to a death in the family. The supervisor shall determine whether sick leave will be approved on the basis of a death outside the immediate family of the employee.

1. “Current Sick Leave” for all full-time salaried employees means those days of sick leave for the current contract year, which leave is granted at the rate of one day of sick leave per contracted month, or major part thereof. Hourly employees are credited with sick leave on an hourly basis not to exceed 720 hours. Bus drivers receive five (5) sick leave days per year.

1. “Accumulated Sick Leave” is the total of unused sick leave, up to a maximum of ninety (90) days accrued from the previous contract, but not used. Accumulated sick leave also includes the sick leave transferred from an employee’s previous public school employment.

1. “Immediate family” means an employee’s spouse, child, parent, mother- and father-in-law, sibling, grandparent, grandchild or any other relative provided the other relative lives in the same household as the employee. The principal has the discretion to approve sick leave for an employee for a person not considered immediate family.

Sick Leave

The supervisor has the discretion to approve sick leave for an employee to attend the funeral of a person who is not related to the employee, under circumstances deemed appropriate by the principal.

Employees who are adopting or seeking to adopt a minor child or minor children may use accumulated sick leave, personal leave, or vacation days under the provisions of FMLA in any school year for absences relating to the adoption, including the time needed for travel, the time needed for home visits, the time needed for document translation, submission or preparation, time spent with legal or adoption agency representatives, time spent in court and bonding time. See also, 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE, which also applies. Except for bonding time, documentation shall be provided by the employee upon request.

Pay for sick leave shall be at the employee’s hourly rate of pay if an hourly employee or daily rate of pay, which is that employee’s hourly rate of pay times the number of hours normally worked per day. Absences for illness in excess of the employee’s accumulated and current sick leave shall result in a deduction from the employee’s pay at the daily rate as defined above. If an employee resigns or leaves his or her employment position for any reason before the end of the contract term, the school district may deduct from his or her last paycheck full compensation for any days of sick leave used in excess of the number of days earned.

At the discretion of the Superintendent, and if FMLA is applicable, subject to the certification or recertification provisions contained in policy 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE the District may require a written statement from the employee’s physician documenting the employee’s illness. Failure to provide such documentation of illness may result in sick leave not being paid, or in discipline up to and including termination.

Whenever a school employee employed by a school district in this state shall leave the school district and accept employment in another school district, the employee shall be granted credit by the new school district for up to ninety (90) days of unused sick leave accumulated by the employee in the former district.
The accumulated and unused sick leave shall be credited to the employee by the district upon receipt of written proof from the school district in which the employee was formerly employed.

If the employee’s absences are not subject to the FMLA or are in excess of what is protected under the FMLA, excessive absenteeism to the extent that the employee is not carrying out his/her assigned duties to the degree that the education of students or the efficient operation of a school or the district is substantially adversely affected (at the determination of the principal or Superintendent), may result in termination.

Sick Leave and Family Medical Leave Act (FMLA) Leave

When an employee takes sick leave, the District shall determine if the employee is eligible for FMLA leave and if the leave qualifies for FMLA leave. The District may request additional information from the employee to help make the applicability determination. If the employee is eligible for FMLA leave and if the leave qualifies under the FMLA, the District will notify the employee in writing of the decision within five (5) workdays. If the circumstances for the leave as defined in policy 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE don’t change, the District is only required to notify the employee once of the determination regarding the applicability of sick leave and/or FMLA leave within any applicable twelve (12) month period. To the extent the employee has accumulated, any sick leave taken that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued leave including, once an employee exhausts his/her accumulated sick leave, vacation or personal leave. See 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE.

Reimbursement of Unused Sick Leave

Compensation for employees that have accumulated over 90 sick days will be payable at the end of the school year at a rate of 50% of the current non-certified substitute teacher pay for days accumulated or 50% of the current non-certified substitute teacher pay divided by 8 for hourly employees.

Sick Leave and Outside Employment

Sick leave related absence from work (e.g. sick leave for personal or family illness or accident, Workers Comp, and FMLA) inherently means the employee is also incapable of working at any source of outside employment. Except as provided in policy 8.36, if an employee who works a non-district job while taking district sick leave for personal or family illness or accident, Workers Comp, or FMLA shall be subject to discipline up to and including termination.

Retirement From West Fork School District

All unused sick leave will be paid upon a full-time employee’s retirement by the following schedule:

* Retiring employees with 1 – 50 days of unused sick leave will receive a retirement benefit equal to 50% of the current non-certified substitute teacher pay per day.
* Retiring employees with 51 or more days of unused sick leave will receive a retirement benefit equal to 60% of the current non-certified substitute teacher pay per day.
* Retiring employees with 1 – 400 hours of unused sick leave will receive a retirement benefit equal to 50% of the current non-certified substitute teacher pay per day divided by eight (8).
* Retiring employees with 401 hours or more of unused sick leave will receive a retirement benefit equal to 60% of the current non-certified substitute teacher pay per day divided by eight (8).

The last 5 years of employment must have been continuous in the district. “Retirement” as defined for this purpose shall conform to the definition provided by the Arkansas Teacher Retirement System and the Arkansas Public Employees Retirement System.

Cross References: 8.12—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT

8.6WF—SICK LEAVE BANK — CLASSIFIED EMPLOYEES

One month after the beginning of each school year, classified personnel may voluntarily contribute one day of their sick leave allowance to a sick leave bank. Each classified employee wishing to make a contribution to the bank shall do so on a sick leave bank form submitted to the sick leave bank chairperson or committee member. In the event that bank days run short during the year, classified personnel may voluntarily contribute one more day.

The classified personnel policy committee (PPC) shall oversee the administration of the sick leave bank with the assistance of the superintendent. Officers for the sick leave bank committee will be the same as officers of the PPC. The sick leave bank committee shall decide on requests based on the committee’s rules of operation by majority vote. The committee is responsible for keeping track of the records.

The sick leave committee shall administer the bank according to the following rules:

1\. Sick leave bank days are to be used for emergencies, not as supplementary insurance.

2\. Classified personnel who have made contributions to the bank may make withdrawals from the bank.
The number of days withdrawn shall be up to the discretion of the sick leave bank committee.

3\. Sick leave grants made from the bank shall be up to twenty (20) days for an individual applicant per
year, if the days are available. Sick leave bank members may make withdrawals one time for one illness
during a school year.

4\. The sick leave bank days may be used only upon exhaustion of a bank member’s accumulated leave.

5\. Sick leave bank days will be granted only in cases of an emergency caused by a serious illness or a
serious accident pertaining to a sick leave bank member, spouse, children, parents and/or brothers and
sisters.

6\. Requests for sick leave bank days will be made on a sick leave bank request form submitted to the
chairperson or member of the sick leave bank committee. In case of emergency, requests may be made
to a sick leave bank committee member by phone, with the proper form submitted within two (2) days of
return to work.

7\. No half-days may be withdrawn from the sick leave bank.

8\. Any member of the sick leave bank making withdrawals from the bank must contribute at least the
minimum one (1) day at the beginning of the next school year in order to be eligible to make withdrawals
from the bank for succeeding years

9\. If any sick leave days granted to an employee by the sick leave bank are not used for the specific illness
which is approved, then these days will be lost by the employee and returned to the sick leave bank.

10\. At the beginning of each school year or at the time of employment, each classified employee who is not
already a member of the sick leave bank will be given the opportunity to join.

11\. It shall be the duty of the sick leave bank committee to grant withdrawals of the sick leave bank days
based upon need and the applicant’s previous use of sick leave days.

12\. Employees who serve the district in both classified and certified positions may only participate in one
(1) bank and will be asked to only contribute to one (1) bank.

The sick leave bank committee shall be responsible for the proper maintenance and development of records and report forms. The committee shall work closely with the administration in administering the sick leave bank days.

The maximum number of days contributed to the sick leave bank in any school year shall not exceed the number of classified personnel. After the maximum number of days in the sick leave bank is reached, sick leave bank members will not have to contribute sick leave days and may still be considered members with the exception of those who made withdrawals during the previous school year. The maximum number of sick leave days shall be twice the number of classified personnel making contributions to the sick leave bank.

Classified employees who work two (2) jobs for the school district (i.e. aide/bus driver) shall not be allowed to receive a double amount of sick leave days from the pool. An employee will only receive days for his/her primary job. Employees working two (2) jobs shall receive pay credit from the pool for both jobs up to twenty days (10 days for bus drivers).

Spousal Donations

District employees who are a legally married couple are eligible to utilize each other’s sick leave if one or the other has exhausted all of his or her sick leave days. Written permission must be received for each day of donated sick leave. If the employees are paid at different rates of pay, the lesser rate of pay shall be used for the purpose of the donated sick leave days.

Legal Reference: A.C.A. § 6-17-1306

Date Adopted: March 8, 2004
Last Revised: June 12, 2024

8.6WFF—SICK LEAVE BANK REQUEST FORM

PLEASE COMPLETE AND RETURN TO A SICK LEAVE BANK COMMITTEE MEMBER (BEFORE YOU ARE ABSENT AND THE PAYROLL DEDUCTION IS MADE).

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Home Phone \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Home Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Street City Zip

School building where you teach \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ School phone \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Have you contributed time to the sick leave bank system? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Briefly describe the nature of your disability or illness and the circumstances that caused you to make this request.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Number of sick leave days requested: \_\_\_\_\_

Beginning date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Ending date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Are you currently being treated by a physician? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Have you used all of your accumulated sick leave? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
How many days have you been absent this year due to illness or disability? \_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Signature

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

COMMITTEE USE ONLY

Date considered: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[ \] Approved \[ \] Not Approved

Number of days credited: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Committee Chairperson

Date Adopted: June 12, 2024
Last Revised:

8.6.1WFF—SICK LEAVE BANK USE FORM

Applicant \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Home phone \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

School Building \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ School phone \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The committee that governs the use of the Sick Leave Pool has reviewed your application for additional sick leave days.

The committee has authorized that \_\_\_\_\_ days be credited to you from the Sick Leave Pool. The dates granted to you have been:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

This form has been sent to the Central Administration Office to notify them of the days granted.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Chairperson of Committee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Secretary of Committee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date Approved by Committee

The recipient must re-contribute one (1) day prior to September 15 to be eligible to make additional withdrawals.

Three copies are to be made of each application. They are to be sent to the applicant, Central Administration Office, and one to the Sick Leave Bank Committee.

Date Adopted: June 12, 2024
Last Revised:

8.7—CLASSIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

For the district to function efficiently and have the necessary personnel present to effect a high-achieving learning environment, employee absences need to be kept to a minimum. The district acknowledges that there are times during the school year when employees have personal business that needs to be addressed during the school day. Each full-time employee shall receive two (2) days of personal leave per contract year. The leave may be taken in increments of no less than 1/2 day.

Employees shall take personal leave or leave without pay for those absences which are not due to attendance at school functions that are related to their job duties and do not qualify for other types of leave (for sick leave see Policy 8.5WF, for professional leave see below).

School functions, for the purposes of this policy, means:

1. Athletic or academic events related to a public school district; and
2. Meetings and conferences related to education.

The determination of what activities meet the definition of a school function shall be made by the employee’s immediate supervisor or designee. In no instance shall paid leave in excess of allotted vacation days and/or personal days be granted to an employee who is absent from work while receiving remuneration from another source as compensation for the reason for his or her absence.

Any employee desiring to take personal leave may do so by making a written request to his/her supervisor at least three (3) days prior to the time of the requested leave. The three day prior notice requirement may be waived by the supervisor when the supervisor deems it appropriate. The supervisor has the right to deny days if adequate building coverage is not available. Personal leave is not allowed during the first and last week of school, or during the day before or after a school holiday, unless specifically approved by the Superintendent (or designee) or supervisor. Employees may not take more than two (2) consecutive personal days unless specifically approved by the Superintendent (or designee) or supervisor.

Employees who fail to report to work when their request for a personal day has been denied or who have exhausted their allotted personal days shall lose their daily rate of pay for the day(s) missed (leave without pay). While there are instances where personal circumstances necessitate an employee’s absence beyond the allotted days of sick and/or personal leave, any employee who requires leave without pay must receive advance permission (except in medical emergencies) and/or as permitted by policy 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE) from their immediate supervisor. Failure to report to work without having received permission to be absent is grounds for discipline, up to and including termination.

Personal leave does not accumulate from one contract year to the next.

Professional Leave

“Professional Leave” is leave granted for the purpose of enabling an employee to participate in professional activities (e.g., workshops or serving on professional committees) which can serve to improve the school District’s instructional program or enhances the employee’s ability to perform his duties. Professional leave will also be granted when a School District employee is subpoenaed for a matter arising out of the employee’s employment with the school district. Any employee seeking professional leave must make a written request to his immediate supervisor, setting forth the information necessary for the supervisor to make an informed decision. The supervisor’s decision is subject to review and overruling by the superintendent. Budgeting concerns and the potential benefit for the District’s students will be taken into consideration in reviewing a request for professional leave.

Applications for professional leave should be made as soon as possible following the employee’s discerning a need for such leave, but, in any case, no less than two (2) weeks before the requested leave is to begin, if possible.

If the employee does not receive or does not accept remuneration for his/her participation in the professional leave activity and a substitute is needed for the employee, the District shall pay the full cost of the substitute. If the employee receives and accepts remuneration for their participation in the professional leave activity, the employee shall forfeit his/her daily rate of pay from the District for the time the employee misses. The cost of a substitute, if one is needed, shall be paid by the employee.

Legal Reference: A.C.A. § 6-17-211

Date Adopted: June 8, 2009
Last Revised: June 12, 20248.8—CLASSIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX
OFFENDERS ON CAMPUS

Individuals who have been convicted of certain sex crimes must register with law enforcement as sex offenders. Arkansas law places restrictions on sex offenders with a Level 1 sex offender having the least restrictions (lowest likelihood of committing another sex crime), and Level 4 sex offenders having the most restrictions (highest likelihood of committing another sex crime).

While Levels 1 and 2 places no restrictions prohibiting the individual’s presence on a school campus, Levels 3 and 4 have specific prohibitions. These are specified in Policy 6.10—SEX OFFENDERS ON CAMPUS (MEGAN’S LAW) and it is the responsibility of district staff to know and understand the policy and, to the extent requested aid school administrators in enforcing the restrictions placed on-campus access to Level 3 and Level 4 sex offenders.

It is the intention of the board of directors that district staff does not stigmatize students whose parents or guardians are sex offenders while taking necessary steps to safeguard the school community and comply with state law. Each school’s administration should establish procedures so attention is not drawn to the accommodations necessary for registered sex offender parents or guardians.

Cross Reference: 6.10—SEX OFFENDERS ON CAMPUS (MEGAN’S LAW)

Legal References: A.C.A. § 5-14-132
A.C.A. § 12-12-913 (g) (2)
Division of Elementary and Secondary Education Guidelines for “Megan’s Law”

Date Adopted: June 8, 2009
Last Revised: June 27, 2019

8.8—CLASSIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS

Individuals who have been convicted of certain sex crimes must register with law enforcement as sex offenders. Arkansas law places restrictions on sex offenders with a Level 1 sex offender having the least restrictions (lowest likelihood of committing another sex crime), and Level 4 sex offenders having the most restrictions (highest likelihood of committing another sex crime). 

While Levels 1 and 2 places no restrictions prohibiting the individual’s presence on a school campus, Levels 3 and 4 have specific prohibitions. These are specified in Policy 6.10—SEX OFFENDERS ON CAMPUS (MEGAN’S LAW) and it is the responsibility of district staff to know and understand the policy and, to the extent requested aid school administrators in enforcing the restrictions placed on-campus access to Level 3 and Level 4 sex offenders.

It is the intention of the board of directors that district staff does not stigmatize students whose parents or guardians are sex offenders while taking necessary steps to safeguard the school community and comply with state law. Each school’s administration should establish procedures so attention is not drawn to the accommodations necessary for registered sex offender parents or guardians. 

 

Cross Reference: 6.10—SEX OFFENDERS ON CAMPUS (MEGAN’S LAW)

Legal References:   A.C.A. § 5-14-132
A.C.A. § 12-12-913 (g) (2)
Division of Elementary and Secondary Education Guidelines for “Megan’s Law”
 

8.9—PUBLIC OFFICE –CLASSIFIED PERSONNEL

An employee of the District who is elected to the Arkansas General Assembly or any elective or appointive public office (not legally constitutionally inconsistent with employment by a public school district) shall not be discharged or demoted as a result of such service.

No sick leave will be granted for the employee’s participation in such a public office. The employee may take personal leave or vacation (if applicable), if approved in advance by the Superintendent, during his absence.

Prior to taking leave, and as soon as possible after the need for such leave is discerned by the employee, he/she must make a written request for leave to the Superintendent, setting out, to the degree possible, the dates such leave is needed.

An employee who fraudulently requests sick leave for the purpose of taking leave to serve in public office may be subject to nonrenewal or termination of his employment contract.

Cross Reference: 8.17—CLASSIFIED PERSONNEL POLITICAL ACTIVITY

Legal Reference: A.C.A. § 6-17-115

Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.10—JURY DUTY –CLASSIFIED PERSONNEL

Employees are not subject to discharge, loss of sick leave, loss of vacation time, or any other penalty due to absence from work for jury duty, upon giving reasonable notice to the District through the employee’s immediate supervisor.

The employee must present the original (not a copy) of the summons to jury duty to his supervisor in order to confirm the reason for the requested absence.

Legal Reference: A.C.A. § 16-31-106

Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.11WF—OVERTIME, COMP TIME, AND COMPLYING WITH FLSA

The West Fork School District shall comply with those portions of the Fair Labor Standards Act (FLSA) that relate to the operation of public schools. The FLSA requires that covered employees receive compensation for each hour worked at greater than or equal to the applicable minimum wage for workweeks of less than or equal to forty (40) hours. It also requires that employees be compensated for workweeks of greater than forty (40) hours at one and a half (1½) times their regular hourly rate of pay, either monetarily or through compensatory time off.

Definitions

“Covered Employees” (also defined as non-exempt employees) are those employees who are not exempt, generally termed classified, and include bus drivers, clerical workers, maintenance personnel, custodians, transportation workers, receptionists, paraprofessionals, food service workers, secretaries, and bookkeepers.

Exempt Employees are those employees who are not covered under the FLSA because the employee’s:

1. Primary job duties are considered to be exempt eligible due to being administrative or professional in nature. Examples include teachers, counselors, registered nurses, and supervisors; and
2. Salary meets or exceeds a minimum weekly/annual amount.

Any employee who is unsure of their coverage status should consult with the District’s Administration.

“Overtime” is hours worked in excess of forty (40) per workweek. Compensation given for hours not worked such as for holidays or sick days does not count in determining hours worked per workweek.

Regular Rate of Pay includes all forms of remuneration for employment and shall be expressed as an hourly rate. For those employees previously paid on a salary basis, the salary shall be converted to an hourly equivalent. Employees shall be paid for each and every hour worked.

“Straight time pay” is the amount of hourly compensation an employee receives for each hour worked during that week.

“Workweek” is the seven-day consecutive period of time from 12:00 AM on Sunday to midnight on the following Saturday. Each workweek is independent of every other workweek for the purpose of determining the number of hours worked and the remuneration entitled to by the employee for that week.

Employment Relationships

The District does not have an employment relationship in the following instances: 1\. Between the District and student teachers; 2\. Between the District and its students; 3\. Between the District and individuals who as a public service volunteer or donate their time to the District without expectation or promise of compensation.

The District does not have a joint employment relationship in the following instances.

1. 
   
2. Between the District and off-duty policemen or deputies who are hired on a part-time basis for security
   

purposes or crowd control. The District is separate from and acts independently of other governmental
entities.

1. 
   
2. Between the District and any agency contracted with to provide transportation services, security services,
   

substitute teachers or other temporary employees, or other services.

Hours Worked

Employees shall be compensated for all the time they are required to be on duty and shall be paid for all hours worked each workweek. Employees shall accurately record the hours they work each week. The District shall determine the manner to be used to accurately record the hours employees work.

Employees whose normal workweek is less than forty (40) hours and who work more than their normal number of hours in a given workweek may, at the District’s option, be given compensatory time for the hours they worked in excess of their normal workweek in lieu of their regular rate pay. Compensatory time given in this manner shall be subject to the same conditions regarding accumulation and use as the compensatory time given in lieu of overtime pay.

Breaks and Meals

Each employee working more than twenty (20) hours per week shall be provided two (2), paid, fifteen (15) minute duty-free breaks per workday. The employee may make a request to their supervisor to combine their two paid breaks together to be used for a meal break.

Covered employees who work thirty-five (35) hours or more a week and receive a duty-free meal period shall be entitled to receive the two (2) paid breaks for working more than twenty (20) hours.

Meal periods that are less than thirty (30) minutes in length or in which the employee is not relieved of duty are compensable unless their total work hours per day includes a paid lunch (cafeteria workers, custodians, and maintenance workers).

Employees with a bona fide meal period shall be completely relieved of their duty to allow them to eat their meal, which they may do away from their worksite, in the school cafeteria, or in a break area.

The employee shall not engage in any work for the District during meal breaks except in rare and infrequent emergencies.

Overtime

Covered employees shall be compensated at not less than one and a half (1.5) times his or her regular rate of pay for all hours worked over forty (40) in a workweek. Overtime compensation shall be computed on the basis of the hours worked in each week and may not be waived by either the employee or the District. Overtime compensation shall be paid on the next regular payday for the period in which the overtime was earned. The rate of overtime pay for employees who work two (2) or more jobs for the District at different rates of pay shall be determined by creating a weighted average of the different rates (a.k.a. blended rate). The weighted average will be calculated by multiplying the number of hours worked during that week for each position by the position’s rate of pay, combining the resulting amounts for each position (straight time pay), and dividing the straight-time pay by the total number of hours the employee worked in that week. The weighted average will then be multiplied by one-half (0.5), which will then be multiplied by the number of hours the employee worked that week over forty (40).

Provided the employee and the District have a written agreement or understanding before the work is performed, compensatory time off may be awarded in lieu of overtime pay for hours worked over forty (40) in a workweek and shall be awarded on a one-and-one-half (1 1/2) time basis for each hour of overtime worked. The District reserves the right to determine if it will award compensatory time in lieu of monetary pay for the overtime worked. The maximum number of compensatory hours an employee may accumulate at a time is twenty (20). The employee must be able to take the compensatory time off within a reasonable period of time that is not unduly disruptive to the District.

An employee whose employment is terminated with the District, whether by the District or the employee shall receive monetary compensation for unused compensatory time. Of the following methods, the one that yields the greatest money for the employee shall be used.

1. The average regular rate received by the employee during the last 3 years of employment. Or
2. The final regular rate received by the employee.

Overtime Authorization

There will be instances where the district’s needs necessitate an employee to work overtime. It is the Board’s desire to keep overtime worked to a minimum. To facilitate this, employees shall receive authorization from their supervisor in advance of working overtime except in the rare instance when it is unforeseen and unavoidable.

All overtime worked will be paid in accordance with the provisions of the FLSA, but unless the overtime was pre-approved or fit into the exceptions noted previously, disciplinary action shall be taken for failure to follow District policy. In extreme and repeated cases, disciplinary action could include the termination of the employee.

Leave Requests

All covered employees shall submit a leave request form prior to taking the leave if possible. If a request for leave was not possible in advance due to unforeseen or emergency circumstances, the leave form shall be turned in the day the employee returns to work. Unless specifically granted by the Board for special circumstances, the reason necessitating the leave must fall within District policy.

Payment for leave could be delayed or not occur if an employee fails to turn in the required leave form. Leave may be taken in a minimum of four (4) hour increments.

Record Keeping and Postings

The District shall keep and maintain records as required by the FLSA for the period of time required by the act.

The District shall display minimum wage posters where employees can readily observe them.

Cooperation with Enforcement Officials

All records relating to the FLSA shall be available for inspection by, and District employees shall cooperate fully with, officials from the Department of Labor (DOL) and/or its authorized representatives in the performance of their jobs relating to:

1. Investigating and gathering data regarding the wages, hours, and other conditions and practices of

employment;

1. Entering, inspecting, and/or transcribing the premises and its records;
2. Questioning employees and investigating such facts as the inspectors deem necessary to determine

whether any person has violated any provision of the FLSA.

Legal References: 29 USC § 206(a), ACA § 6-17-2203
29 USC § 207(a) (1), 29 CFR § 778.100
29 USC § 207(o), 29 CFR § 553.50
29 USC § 213(a), 29 CFR §§ 541 et seq.
29 CFR § 778.218(a)
29 USC § 207(e), 29 CFR § 778.108
29 CFR § 778.105
29 CFR §§ 785.9, 785.16
29 CFR § 516.2(7)
29 CFR §§ 785.1 et seq.
A.C.A. § 6-17-2205 and 2207
29 CFR §§ 785.19
29 USC § 207(a), 29 CFR § 778.100, 29 USC § 207(o), 29 CFR §§ 553.20 –
553.32
29 CFR § 778.106
29 USC § 207(g) (2), 29 CFR § 778.115
29 USC § 207(o) (2) (A), 29 CFR § 553.23
29 CFR § 553.20
29 USC § 207(o) (4), 29 CFR § 553.27
29 USC § 211(c), 29 CFR §§ 516.2, 516.3, 553.50
29 CFR § 516.4
29 CFR §§ 516.5, 516.6
29 USC § 211(a) (b)

Date Adopted: June 8, 2009
Last Revised: July 17, 2017

8.12—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT

An employee of the District may not be employed in any other capacity during regular working hours.

An employee may not accept employment outside of his district employment which will interfere, or otherwise be incompatible with the District employment, including normal duties outside the regular workday; nor shall an employee accept other employment which is inappropriate for an employee of a public school.

The Superintendent, or his designee(s), shall be responsible for determining whether outside employment is incompatible, conflicting, or inappropriate.

When a classified employee is additionally employed by the District by a contract for a second classified position or to perform supplementary duties for a stipend or multiplier, the duties, expectations, and obligations of the primary position employment contract shall prevail over all other employment duties unless the needs of the district dictate otherwise. If there is a conflict between the expectations of the primary position and any other contracted position, the employee shall notify the employee's supervisor as far in advance as is practicable. The supervisor shall verify the existence of the conflict by contacting the supervisor of the secondary contracted position. The supervisor shall determine the needs of the district on a case-by-case basis and rule accordingly. The supervisor’s decision is final with no appeal to the Superintendent or the School Board. Frequent conflicts or scheduling problems could lead to the non-renewal or termination of the conflicting contract of employment or the contract to perform the supplementary duties.

For employees who work two or more jobs for the District, the superintendent or designee shall specify which is the employee's primary job. If circumstances change, the determination can be changed to reflect the current needs of the District. Furthermore, if on any given day, one of the employee's jobs requires more hours worked than is customary, the District reserves the right to lessen the number of hours the employee may work in his/her other job such that the employee does not exceed forty (40) hours worked in that week.

Sick Leave and Outside Employment

Sick leave related absence from work (e.g. sick leave for personal or family illness or accident, Workers Comp, and FMLA) inherently means the employee is also incapable of working at any source of outside employment. Except as provided in policy 8.26, if an employee who works a non-district job while taking district sick leave for personal or family illness or accident, Workers Comp, or FMLA shall be subject to discipline up to and including termination.

Cross References: 8.5—CLASSIFIED EMPLOYEES SICK LEAVE
8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE
8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES AND WORKERS’
COMPENSATION

Legal References: A.C.A. § 6-24-106, 107, 111

Date Adopted: June 8, 2009
Last Revised: April 29, 2014

8.13—CLASSIFIED PERSONNEL EMPLOYMENT

All prospective employees must fill out an application form provided by the District, in addition to any resume provided all of the information provided is to be placed in the personnel file of those employed.

If the employee provides false or misleading information, or if he withholds information to the same effect, it may be grounds for dismissal. In particular, it will be considered a material misrepresentation and grounds for termination of the contract of employment if an employee’s application information is discovered to be other than as was represented by the employee, either in writing on application materials or in the form of representations made to the school district.

It is grounds for termination of the contract of employment if an employee fails a criminal background check or receives a true report on the Child Maltreatment Central Registry check. All classified employees shall complete, at District expense, a criminal records background check and Child Maltreatment Central Registry check at least one (1) time every five (5) years.

An employee who receives the notification of a failure to pass a criminal background check or a true result on the Child Maltreatment Central Registry check shall have thirty (30) days following the notification to submit to the superintendent, or designee, a written request for a hearing before the Board to request a waiver. The written request should include any documentation, such as police reports, or other materials that are related to the event giving rise to the failed background check or true result on the Child Maltreatment Registry as well as information supporting your request for the waiver. Employees requesting a board hearing to request a waiver should be aware that this hearing is subject to the Arkansas Freedom of Information Act and it must be fully open to the public as a result.

Before the superintendent may make a recommendation to the Board that an individual be hired by the District, the superintendent shall check the Arkansas Educator Licensure System to determine if the individual has a currently suspended or revoked teaching license or a current Level 3 or Level 4 public notification of ethics violation. An individual with a currently suspended license or whose license has been revoked by the State Board of Education is not eligible to be employed by the District; this prohibition includes employment as a substitute teacher, whether directly employed by the District or providing substitute teaching services under contract with an outside entity. An individual with a current Level 3 or Level 4 public notification of ethics violation shall not be recommended for employment by the District.

If the superintendent finds probable cause that an employee has engaged in sexual misconduct with a minor, then the superintendent or the superintendent’s designee shall not provide a favorable recommendation of employment on behalf of the employee.

The District is an equal opportunity employer and shall not discriminate on the grounds of race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identity, age, disability, or genetic information.

Inquiries on nondiscrimination may be directed to Carl Clements at 479-839-2231.

Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator in person or by using the mailing address, telephone number, or email address provided above. A report may be made at any time, including during non-business hours, and may be on the individual’s own behalf or on behalf of another individual who is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment.

For further information on notice of non-discrimination or to file a complaint, visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html; for the address and phone number of the office that serves your area, or call 1-800-421-3481.

In accordance with Arkansas law, the District provides a veteran preference to applicants who qualify for one of the following categories:

1. a veteran without a service-connected disability;
2. a veteran with a service-connected disability; and
3. a deceased veteran’s spouse who is unmarried throughout the hiring process; or

For purposes of this policy, “veteran” is defined as:

1. A person honorably discharged from a tour of active duty, other than active duty for training only, with the armed forces of the United States; or
2. Any person who has served honorably in the National Guard or reserve forces of the United States for a period of at least six (6) years, whether or not the person has retired or been discharged.

In order for an applicant to receive the veterans’ preference, the applicant must be a citizen and resident of Arkansas, be substantially equally qualified as other applicants and do all of the following:

1. Indicate on the employment application the category the applicant qualifies for;
2. Attach the following documentation, as applicable, to the employment application:

* Form DD-214 indicating honorable discharge; * A letter dated within the last six months from the applicant’s command indicating years of service in the National Guard or Reserve Forces as well as the applicant’s current status; * Marriage license; * Death certificate; * Disability letter from the Veterans Administration (in the case of an applicant with a service-related disability).

Failure of the applicant to comply with the above requirements shall result in the applicant not receiving the veteran preference; in addition, meeting the qualifications of a veteran or spousal category does not guarantee either an interview or being hired.

A.C.A. § 6-16-1507 requires that earning a high school diploma through the passage of a nationally recognized high school equivalency exam, such as the GED test, be treated the same as the receipt of a high school diploma from an accredited Arkansas secondary school for purposes of employment by a political subdivision of the State of Arkansas, which includes school districts.

Legal References: Division of Elementary and Secondary Education Rules Governing Background Checks
Division of Elementary and Secondary Education Rules Governing the Code of Ethics for Arkansas Educators
A.C.A. § 6-16-1507
A.C.A. § 6-17-301
A.C.A. § 6-17-414
A.C.A. § 6-17-428
A.C.A. § 6-17-429
A.C.A. § 21-3-302
A.C.A. § 21-3-303
A.C.A. § 25-19-101 et seq.
28 C.F.R. § 35.106
29 C.F.R. part 1635
34 C.F.R. § 100.6
34 C.F.R. § 104.8
34 C.F.R. § 106.9
34 C.F.R. § 108.9
34 C.F.R. § 110.25

Date Adopted: June 8, 2009
Last Revised: June 9, 2025

8.14WF—CLASSIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES

Employees shall be reimbursed for personal and/or travel expenses incurred while performing duties or attending workshops or other employment-related functions, provided that prior written approval for the activity for which the employee seeks reimbursement has been received from the Superintendent, principal (or other immediate supervision with the authority to make school approvals), or the appropriate designee of the Superintendent and that the employee’s attendance/travel was at the request of the district.

It is the responsibility of the employee to determine the appropriate supervisor from which he must obtain approval.

Reimbursement claims must be made on forms provided by the District and must be supported, when required, by appropriate, original receipts. Copies of receipts or other documentation are not acceptable, except in extraordinary circumstances.

A school car shall be used for travel when available. The school employee should complete a school car request form at least one week prior to traveling and return the form to his/her building principal for approval and confirmation of availability. If a school car is available and the employee chooses to use his/her own vehicle, no mileage reimbursement will be paid. If a school car is not available, the employee may be asked to drive his/her own vehicle and be reimbursed at the rate below. Only one mileage reimbursement will be paid when more than one employee is attending the same conference; therefore, those employees will be encouraged to carpool.

Meals may be reimbursed for travel that necessitates an overnight stay when submitted to the dictates of this policy. Meals will be reimbursed at the rate below. Breakfast meals will not be reimbursed unless the employee is required to stay overnight. If breakfast is provided where the employee lodges, a breakfast reimbursement will not be allowed. Additionally, no meal reimbursements will be made when a meal is included as a part of a workshop or conference. All other reimbursements shall be prorated based on the percent of a day the employee is away on travel. For example, if an employee returns from his/her travel in the afternoon, he/she is only eligible for reimbursement for breakfast and lunch expenditures.

Meal expenses incurred by the Superintendent or other administrators as necessary, in the performance of their duties when meeting with state officials or consultants may be reimbursed on a prorated, per-person basis in line with the mandates of this policy. Such expenses shall only be reimbursed when the expenditure is likely to result in a tangible benefit to the district.

If a workshop/conference requires an employee to stay overnight, the employee must complete and turn in a lodging request form at least one week in advance to his/her building principal for approval along with the proper documentation establishing the date, time, place, and purpose of travel. It is recommended that the employee offers multiple locations as choices where available. Employees are urged to be selective with their choices of lodging and to choose clean, safe, comfortable locations that are reasonably priced. Once the overnight stay is approved by the superintendent, the superintendent’s secretary will make all reservations. The district will also pay for parking when necessary. All receipts for lodging and parking should be returned to the district office upon return.

Normal expenses under the West Fork District policy are allowed at the following rate: 52 cents per mile for mileage, up to $35 per day for meal reimbursements with maximums of $9 for breakfast, $12 for lunch, and $14 for dinner, and actual expense for lodging.

Cross Reference: Policy 7.12—EXPENSE REIMBURSEMENT

Date Adopted: June 8, 2009
Last Revised: June 12, 2024

8.15—CLASSIFIED PERSONNEL USE OF TOBACCO, ELECTRONIC NICOTINE

DELIVERY SYSTEMS, AND RELATED PRODUCTS

Smoking or use of tobacco or products containing tobacco in any form (including, but not limited to, cigarettes, cigars, chewing tobacco, and snuff) in or on any real property owned or leased by a District school, including school buses owned or leased by the District, or other school vehicles is prohibited.

With the exception of recognized tobacco cessation products, this policy’s prohibition includes any tobacco or nicotine delivery system or product. Specifically, the prohibition includes any product that is manufactured, distributed, marketed, or sold as e-cigarettes, e-cigars, e-pips, or under any other name or descriptor.

Violation of this policy by employees shall be grounds for disciplinary action up to, and including, dismissal.

Legal Reference: A.C.A. § 6-21-609

Date Adopted: June 8, 2009
Last Revised: April 20, 2020

8.16—DRESS OF CLASSIFIED EMPLOYEES

Employees shall ensure that their dress and appearance are professional and appropriate to their positions.

Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.17—CLASSIFIED PERSONNEL POLITICAL ACTIVITY

Employees are free to engage in political activity outside of work hours and to the extent that it does not affect the performance of their duties or adversely affect important working relationships.

It is specifically forbidden for employees to engage in political activities on the school grounds or during work hours. The following activities are forbidden on school property:

1. Using students for preparation or dissemination of campaign materials;

1. Distributing political materials;

1. Distributing or otherwise seeking signatures on petitions of any kind;

1. Posting political materials; and

1. Discussing political matters with students, in or out of the classroom, in other than circumstances appropriate to the employee’s responsibilities to the students and where a legitimate pedagogical reason exists.

Legal References: A.C.A. § 7-1-103
A.C.A. § 7-1-111

Date Adopted: June 8, 2009
Last Revised: April 20, 2020

8.18—CLASSIFIED PERSONNEL DEBTS

For the purposes of this policy, "garnishment" of a district employee is when the employee has lost a lawsuit to a judgment creditor who brought suit against a school district employee for an unpaid debt, has been awarded money damages as a result, and these damages are recoverable by filing a garnishment action against the employee’s wages. For the purposes of this policy, the word “garnishment” excludes such things as child support, student loan, or IRS liens or deductions levied against an employee’s wages.

All employees are expected to meet their financial obligations. If an employee writes “hot” checks or has their income garnished by a judgment creditor, dismissal may result.

An employee will not be dismissed for having been the subject of one (1) garnishment. However, a second or third garnishment may result in dismissal.

At the discretion of the Superintendent, he or his designee may meet with an employee who has received a second garnishment for the purpose of warning the employee that a third garnishment will result in a recommendation of dismissal to the School Board.

At the discretion of the Superintendent, a second garnishment may be used as a basis for a recommended dismissal. The Superintendent may take into consideration other factors in deciding whether to recommend dismissal based on a second garnishment. Those factors may include but are not limited to, the amount of the debt, the time between the first and the second garnishment, and other financial problems which come to the attention of the District.

Date Adopted: June 8, 2009
Last Revised: April 8, 2013

8.19—CLASSIFIED PERSONNEL GRIEVANCES

The purpose of this policy is to provide an orderly process for employees to resolve, at the lowest possible level, their concerns related to the personnel policies or salary payments of this district.

Definitions

“Employee” means any person employed under a written contract by this school district.

“Grievance” means a claim or concern raised by an individual employee of this school district related to the interpretation, application, or claimed violation of the personnel policies, including salary schedules; federal laws and regulations; state laws and rules; or terms or conditions of employment. Other matters for which the means of resolution are provided or foreclosed by statute or administrative procedures shall not be considered grievances. Specifically, no grievance may be entertained against a supervisor for directing, instructing, reprimanding, or “writing up” an employee under his/her supervision. A group of employees who have the same grievance may file a group grievance.

“Group Grievance” means a grievance that may be filed as a group if all of the following criteria are met and the group’s issue is a subject that may be grieved under this policy’s definition of grievance:

1. More than one individual has an interest in the matter; and
2. The group has a well-defined common interest in the facts and/or circumstances of the grievance; and
3. The group has designated an employee spokesperson to meet with administration and/or the board; and
4. All individuals within the group are requesting the same relief.

Simply meeting all of the criteria above alone does not ensure that the subject presented by the group is eligible to be grieved.

“Immediate Supervisor” means the person immediately superior to an employee who directs and supervises the work of that employee.

“Working day” means any weekday other than a holiday whether or not the employee under the provisions of their contract is scheduled to work or whether they are currently under contract.

Process

Level One: An employee who believes that he/she has a grievance shall inform that employee’s immediate supervisor that the employee has a potential grievance. Except for a grievance concerning back pay, the employee must inform his/her immediate supervisor of the existence of a potential grievance within five (5) working days of the occurrence of the grievance. The supervisor shall schedule a conference with the employee to hear the employee’s potential grievance that shall be held no later than five (5) working days after the supervisor is informed of the existence of the potential grievance and offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. If the grievance is not advanced to Level Two within five (5) working days following the conference, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

If the grievance cannot be resolved by the immediate supervisor, the employee can advance the grievance to Level Two. To do this, the employee must complete the top half of the Level Two Grievance Form within five (5) working days of the discussion with the immediate supervisor, citing the manner in which the specific personnel policy was violated that has given rise to the grievance, and submit the Grievance Form to his/her immediate supervisor. The supervisor will have ten (10) working days to respond to the grievance using the bottom half of the Level Two Grievance Form which he/she will submit to the building principal or, in the event that the employee’s immediate supervisor is the building principal, the superintendent.

Level Two (when the appeal is to the building principal): Upon receipt of a Level Two Grievance Form, the building principal will have ten (10) working days to schedule a conference with the employee filing the grievance. The principal shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the principal will have ten (10) working days in which to deliver a written response to the grievance to the employee. If the grievance is not advanced to Level Three within five (5) working days from the date of the principal’s written response, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

Level Two (when the appeal is to the superintendent): Upon receipt of a Level Two Grievance Form, the superintendent will have ten (10) working days to schedule a conference with the employee filing the grievance. The superintendent shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the superintendent will have ten (10) working days in which to deliver a written response to the grievance to the employee.

Level Three: If the proper recipient of the Level Two Grievance was the building principal, and the employee remains unsatisfied with the written response to the grievance, the employee may advance the grievance to the superintendent by submitting a copy of the Level Two Grievance Form and the principal’s reply to the superintendent within five (5) working days of his/her receipt of the principal’s written reply. The superintendent will have ten (10) working days to schedule a conference with the employee filing the grievance. The superintendent shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the superintendent will have ten (10) working days in which to deliver a written response to the grievance to the employee.

Appeal to the Board of Directors: An employee who remains unsatisfied by the written response of the superintendent may appeal the superintendent’s decision to the Board of Directors within five (5) working days of his/her receipt of the Superintendent’s written response by submitting a written request for a board hearing to the superintendent. If the grievance is not appealed to the Board of Directors within five (5) working days of his/her receipt of the superintendent’s written response, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

The school board will address the grievance at the next regular meeting of the school board, unless the employee agrees in writing to an alternate date for the hearing. Based on a review of the Level Two Grievance Form and the superintendent’s reply, the board shall:

1. For a grievance filed as an individual, determine if the grievance, on its face, is a subject that may be grieved under district policy.
2. For a grievance that is filed as a group grievance, review the composition of the group and either:

* Rule that the group has met the requirements to qualify as a group grievance and then determine whether the matter of the grievance is, on its face, a subject that may be grieved under District policy; or * Rule that the composition of the group does not meet the definition of a group grievance under District policy.

If the Board rules that the grievance, whether filed as an individual or as a group, is not a subject that may be grieved, the matter shall be considered closed. If the Board rules that the composition of the group does not meet the definition of a group grievance under District policy, employees who had filed a grievance as part of a group grievance that the Board ruled to not meet the policy’s definition of a group grievance may choose to subsequently file an individual grievance by starting with Level One of the process; in such cases, a grievance will be considered to be timely filed if the notification of the employee’s supervisor requirement under Level 1 is made within five (5) workdays of the Board meeting where the Board ruled that the proposed group grievance did not meet the policy’s definition of a group grievance. If multiple employees have filed individual grievances that are of the same nature so that they would meet the definition of a group grievance if they had been filed by a group, then the Board may consolidate the individual grievances that are of the same nature into a group grievance. If the Board consolidates individual grievances that are of the same nature into a group grievance, then the individuals whose grievances were consolidated shall select one (1) or more individuals from among those whose grievances were consolidated to represent the group grievance holders before the Board.

If the Board rules the grievance to be a subject that may be grieved, they shall immediately commence a hearing on the grievance. All parties have the right to representation at the appeal hearing by a person of their own choosing except that no party shall be represented by an individual who is ~~not~~ a member of the employee’s immediate family. The employee shall have no less than ninety (90) minutes to present his/her grievance unless a shorter period is agreed to by the employee, and both parties shall have the opportunity to present and question witnesses. The hearing shall be open to the public unless the employee requests a private hearing. If the hearing is open to the public, the parent or guardian of any student under the age of eighteen (18) years who gives testimony may elect to have the student’s testimony given in a closed session. At the conclusion of the hearing, if the hearing was closed, the Board of Directors may excuse all parties except board members and deliberate, by themselves, on the hearing. At the conclusion of an open hearing, board deliberations shall also be in open session unless the board is deliberating the employment, appointment, promotion, demotion, disciplining, or resignation of the employee. A decision on the grievance shall be announced no later than the next regular board meeting.

Records

Records related to grievances will be filed separately and will not be kept in, or made part of, the personnel file of any employee.

Reprisals

No reprisals of any kind will be taken or tolerated against any employee because he/she has filed or advanced a grievance under this policy.

Legal References: ACA § 6-17-208, 210

Date Adopted: June 8, 2009
Last Revised: May 18, 2023

8.19F—LEVEL TWO GRIEVANCE FORM - CLASSIFIED

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Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT

The West Fork School District is committed to providing an academic and work environment that treats all students and employees with respect and dignity. Student achievement and amicable working relationships are best attained in an atmosphere of equal educational and employment opportunity that is free of discrimination. Sexual harassment is a form of discrimination that undermines the integrity of the educational and work environment and will not be tolerated.

The District believes the best policy to create an educational and work environment free from sexual harassment is prevention; therefore, the District shall provide informational materials and training to students, parents/legal guardians/other responsible adults, and employees on sexual harassment. The informational materials and training on sexual harassment shall be age appropriate and, when necessary, provided in a language other than English or in an accessible format. The informational materials and training shall include, but are not limited to:
o The nature of sexual harassment;
o The District’s written procedures governing the formal complaint grievance process;
o The process for submitting a formal complaint of sexual harassment;
o That the district does not tolerate sexual harassment;
o That students and employees can report inappropriate behavior of a sexual nature without fear of adverse consequences;
o The supports that are available to individuals suffering sexual harassment; and
o The potential discipline for perpetrating sexual harassment.

Definitions

“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

“Education program or activity” includes locations, events, or circumstances where the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

“Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting an investigation of the allegation of sexual harassment.

“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

“Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
1\. A District employee:

1. 
   
2. Conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct; or
   
3. Uses the rejection of unwelcome sexual conduct as the basis for academic decisions affecting that individual;
   

2\. The conduct is:

1. 
   
2. Unwelcome; and
   
3. Determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
   

3\. Constitutes:

1. 
   
2. Sexual assault;
   
3. Dating violence
   
4. Domestic violence; or
   
5. Stalking.
   

“Supportive measures” means individualized services that are offered to the complainant or made available to the respondent designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party. The supportive measures must be non-disciplinary and non-punitive in nature; offered before or after the filing of a formal complaint or where no formal complaint has been filed; and offered to either party as appropriate, as reasonably available, and without fee or charge. Examples of supportive measures include, but are not limited to: measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment; counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or class locations; leaves of absence; and increased security and monitoring of certain areas of the campus.

Within the educational environment, sexual harassment is prohibited between any of the following: students; employees and students; non-employees and students; employees; and employees and non-employees.

Actionable sexual harassment is generally established when an individual is exposed to a pattern of objectionable behaviors or when a single, serious act is committed. What is, or is not, sexual harassment will depend upon all of the surrounding circumstances and may occur regardless of the sex(es) of the individuals involved. Depending upon such circumstances, examples of sexual harassment include, but are not limited to:
· Making sexual propositions or pressuring for sexual activities;
· Unwelcome touching;
· Writing graffiti of a sexual nature;
· Displaying or distributing sexually explicit drawings, pictures, or written materials;
· Performing sexual gestures or touching oneself sexually in front of others;
· Telling sexual or crude jokes;
· Spreading rumors related to a person’s alleged sexual activities;
· Discussions of sexual experiences;
· Rating other students or employees as to sexual activity or performance;
· Circulating or showing e-mails or Web sites of a sexual nature;
· Intimidation by words, actions, insults, or name calling; and
· Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the individual self-identifies as homosexual or transgender.

Employees who believe they have been subjected to sexual harassment are encouraged to submit a report to their immediate supervisor, an administrator, or the Title IX coordinator. Under no circumstances shall an employee be required to first report allegations of sexual harassment to a school contact person if that person is the individual who is accused of the sexual harassment. If the District staff member who received a report of alleged sexual harassment is not the Title IX Coordinator, then the District staff person shall inform the Title IX Coordinator of the alleged sexual harassment. As soon as reasonably possible after receiving a report of alleged sexual harassment from another District staff member or after receiving a report directly through any means, the Title IX Coordinator shall contact the complainant to:

* Discuss the availability of supportive measures;
* Consider the complainant’s wishes with respect to supportive measures;
* Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
* explain to the complainant the process for filing a formal complaint.

Supportive Measures

The District shall offer supportive measures to the complainant and make supportive measures available to the respondent that are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party before or after the filing of a formal complaint or where no formal complaint has been filed. The District shall provide individualized supportive measures to the complainant unless declined in writing by the complainant and shall provide individualized supportive measures that are non-disciplinary and non-punitive to the respondent. A complainant who initially declined the District’s offer of supportive measures may request supportive measures at a later time and the District shall provide individualized supportive measures based on the circumstances when the subsequent request is received.

Formal Complaint

A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email. Upon receipt of a formal complaint, a District shall simultaneously provide the following written notice to the parties who are known: o Notice of the District’s grievance process and a copy of the procedures governing the grievance process; o Notice of the allegations of sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:

• The identities of the parties involved in the incident, if known;
• The conduct allegedly constituting sexual harassment; and
• The date and location of the alleged incident, if known;

o A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process; o That the parties may have an advisor of their choice, who may be, but is not required to be, an attorney; o That the parties may inspect and review evidence relevant to the complaint of sexual harassment; and o That the District’s personnel policies and code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the District decides to investigate allegations about the complainant or respondent that are not included in the previous notice, the District shall simultaneously provide notice of the additional allegations to the parties whose identities are known.

The District may consolidate formal complaints of allegations of sexual harassment where the allegations of sexual harassment arise out of the same facts or circumstances and the formal complaints are against more than one respondent; or by more than one complainant against one or more respondents; or by one party against the other party. When the District has consolidated formal complaints so that the grievance process involves more than one complainant or more than one respondent, references to the singular “party”, “complainant”, or “respondent” include the plural, as applicable.

When investigating a formal complaint and throughout the grievance process, a District shall:

* Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the District and not on the parties;
* Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege or access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party unless the District obtains the parent, legal guardian, or other responsible adult of that party’s voluntary, written consent or that party’s voluntary, written consent if the party is over the age of eighteen (18) to do so for the grievance process;
* Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
* Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
* Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding;
* Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
* Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation; this includes evidence:
* Whether obtained from a party or other source;
* The District does not intend to rely upon in reaching a determination regarding responsibility; and
* That is either Inculpatory or exculpatory; and
* Create an investigative report that fairly summarizes relevant evidence.

At least ten (10) days prior to completion of the investigative report, the District shall send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties shall have at least ten (10)3 days to submit a written response to the evidence. The investigator will consider the written responses prior to completion of the investigative report. All evidence subject to inspection and review shall be available for the parties’ inspection and review at any meeting to give each party equal opportunity to refer to such evidence during the meeting.

After the investigative report is sent to the parties, the decision-maker shall:
o Provide each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness;
o Provide each party with the answers;
o Allow for additional, limited follow-up questions from each party; and
o Provide an explanation to the party proposing the questions any decision to exclude a question as not relevant. Specifically, questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

No earlier than ten (10) days following the completion of the investigation period, the decision-maker, who cannot be the same person as the Title IX Coordinator or the investigator, shall issue a written determination regarding responsibility. The written determination shall include—
1\. Identification of the allegations potentially constituting sexual harassment;
2\. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including:

1. 
   
2. Any notifications to the parties;
   
3. Interviews with parties and witnesses;
   
4. site visits;
   
5. Methods used to gather other evidence; and
   
6. Hearings held;
   

3\. Findings of fact supporting the determination;
4\. Conclusions regarding the application of the District’s personnel policies or code of conduct to the facts;
5\. A statement of, and rationale for, the result as to each allegation, including:

1. 
   
2. A determination regarding responsibility;
   
3. Any disciplinary sanctions imposed on the respondent; and
   
4. Whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
   

6\. The procedures and permissible bases for the complainant and respondent to appeal.

The written determination shall be provided to the parties simultaneously. The determination regarding responsibility shall become final on the earlier of:

* If an appeal is not filed, the day after the period for an appeal to be filed expires; or
* If an appeal is filed, the date the written determination of the result of the appeal is provided to the parties.

The District shall investigate the allegations in a formal complaint. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy even if proved; did not occur in the District’s education program or activity; or did not occur against a person in the United States, then the District shall dismiss the complaint as not meeting the definition of sexual harassment under this policy. A dismissal for these reasons does not preclude action under another provision of the District’s personnel policies or code of conduct.

The District may dismiss the formal complaint or any allegations therein, if at any time during the grievance process:
o The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
o The respondent is no longer enrolled at the District; or
o Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon the dismissal of a formal complaint for any reason, the District shall promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.

The District may hire an individual or individuals to conduct the investigation or to act as the determination-maker when necessary.

Appeals

Either party may appeal a determination regarding responsibility or from a dismissal of a formal complaint or any allegations therein, on the following bases:

1. 
   
2. The existence of a procedural irregularity that affected the outcome of the matter;
   
3. Discovery of new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
   
4. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
   
5. An appeal of the disciplinary sanctions from the initial determination.
   

For all appeals, the District shall:
1\. Notify the other party in writing when an appeal is filed;
2\. Simultaneously Provide all parties a written copy of the District’s procedures governing the appeal process;
3\. Implement appeal procedures equally for both parties;
4\. Ensure that the decision-maker for the appeal is not the same person as the decision-maker that reached the original determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
5\. Provide all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
6\. Issue a written decision describing the result of the appeal and the rationale for the result; and
7\. Provide the written decision simultaneously to both parties.

Confidentiality

Reports of sexual harassment, both informal reports and formal complaints, will be treated in a confidential manner to the extent possible. Limited disclosure may be provided to:

* individuals who are responsible for handling the District’s investigation and determination of responsibility to the extent necessary to complete the District’s grievance process;
* Submit a report to the child maltreatment hotline;
* Submit a report to the Professional Licensure Standards Board for reports alleging sexual harassment by an employee towards a student; or
* The extent necessary to provide either party due process during the grievance process.

Except as listed above, the District shall keep confidential the identity of:

* Any individual who has made a report or complaint of sex discrimination;
* Any individual who has made a report or filed a formal complaint of sexual harassment;
* Any complainant;
* Any individual who has been reported to be the perpetrator of sex discrimination;
* Any respondent; and
* Any witness.

Any supportive measures provided to the complainant or respondent shall be kept confidential to the extent that maintaining such confidentiality does not impair the ability of the District to provide the supportive measures.

Administrative Leave

The District may place a non-student employee respondent on administrative leave during the pendency of the District’s grievance process.

Retaliation Prohibited

Employees who submit a report or file a formal complaint of sexual harassment,; testified; assisted; or participate or refused to participate in any manner in an investigation, proceeding, or hearing on sexual harassment shall not be subjected to retaliation or reprisal in any form, including threats; intimidation; coercion; discrimination; or charges for personnel policy violations that do not involve sex discrimination or sexual harassment, arise out of the same facts or circumstances as a report or formal complaint of sex discrimination, and are made for the purpose of interfering with any right or privilege under this policy. The District shall take steps to prevent retaliation and shall take immediate action if any form of retaliation occurs regardless of whether the retaliatory acts are by District officials, students, or third parties.

Disciplinary Sanctions

It shall be a violation of this policy for any student or employee to be subjected to, or to subject another person to, sexual harassment. Following the completion of the District’s grievance process, any employee who is found by the evidence to more likely than not have engaged in sexual harassment will be subject to disciplinary action up to, and including, termination. No disciplinary sanction or other action that is not a supportive measure may be taken against a respondent until the conclusion of the grievance process.

Employees who knowingly fabricate allegations of sexual harassment or purposely provide inaccurate facts shall be subject to disciplinary action up to and including termination. A determination that the allegations do not rise to the level of sexual harassment alone is not sufficient to conclude that any party made a false allegation or materially false statement in bad faith.

Records

The District shall maintain the following records for a minimum of seven (7) years:

* Each sexual harassment investigation including:
* Any determination regarding responsibility;
* Any disciplinary sanctions imposed on the respondent;
* Any remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity;
* Any appeal and the result therefrom;
* All materials used to train Title IX Coordinators, investigators, and decision-makers;
* Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, which must include:

o The basis for the District’s conclusion that its response was not deliberately indifferent; and

o Document:

* If supportive measures were provided to the complainant, the supportive measures taken designed to restore or preserve equal access to the District’s education program or activity; or
* If no supportive measures were provided to a complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Cross References: 3.26—LICENSED PERSONNEL HARASSMENT SEX DISCRIMINATION AND SEX-BASED HARASSMENT

4.27—STUDENT HARRASSMENT SEX DISCRIINATION AND SEX-BASED HARASSMENT

5.20—DISTRICT WEBSITE

7.15—RECORD RETENTION AND DESTRUCTION

8.13—CLASSIFIED PERSONNEL EMPLOYMENT

8.21—CLASSIFIED PERSONNEL SUPERVISION OF STUDENTS

All District personnel are expected to conscientiously execute their responsibilities to promote the health, safety, and welfare of the District’s students under their care. The Superintendent shall direct all principals to establish regulations ensuring adequate supervision of students throughout the school day and at extracurricular activities.

Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.22—CLASSIFIED PERSONNEL TECHNOLOGY USE POLICY

Definition

“Technology resources” means:

The machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related products;

The devices used to process information through electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice,or image and includes telecommunications and office automation functions;

Any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training;

The procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors; and

All electronic mail accounts issued by a public entity.

The West Fork School District provides technology resources for many employees, to assist employees in performing work-related tasks. Employees are advised that they enjoy no expectation of privacy in any aspect of their computer use, including email, and that under Arkansas law, both email and technology use records maintained by the district are subject to disclosure under the Freedom of Information Act. Consequently, no employee or student-related reprimands or other disciplinary communications should be made through email except when specifically authorized by District policy.

Passwords or security procedures are to be used as assigned, and confidentiality of student records is to be maintained at all times. Employees must not disable or bypass security procedures, compromise, attempt to compromise, or defeat the district’s technology network security, alter data without authorization, disclose passwords to other staff members or students, or grant students access to any computer not designated for student use. It is the policy of this school district to equip each computer with Internet filtering software designed to prevent users from accessing material that is harmful to minors. The District Information Technology Security Officer or designee may authorize the disabling of the filter to enable access by an adult for a bona fide research or other lawful purposes.

District technology resources shall not be used to violate Arkansas or Federal law.

An employee shall not use District technology resources to express a political opinion to an elected official unless the opinion is either within the scope of the employee’s regular job duties or requested by an elected official or public entity. District technology resources shall not be used to engage in lobbying an elected official on a personal opinion by an employee unless the employee is a registered lobbyist for the District.

Employees who misuse district-owned technology resources in any way, including excessive personal use, using computers for personal use during work or instructional time, using computers to violate any other policy, knowingly or negligently allowing unauthorized access, or using the computers to access or create sexually explicit or pornographic text or graphics, will face disciplinary action, up to and including termination or non-renewal of the employment contract.

Legal References: Children’s Internet Protection Act, PKL 106-554
20 USC 6777
47 USC 254(h)
A.C.A. § 6-21-107
A.C.A. § 6-21-111
A.C.A. § 25-1-128
Commissioner’s Memo COM-24-038

Date Adopted: June 8, 2009
Last Revised: June 12, 2024

8.22F—CLASSIFIED PERSONNEL INTERNET USE AGREEMENT

The West Fork School District agrees to allow the employee identified above (“Employee”) to use the district’s technology to access the Internet under the following terms and conditions:

1. Conditional Privilege: The Employee’s use of the district’s access to the Internet is a privilege conditioned 
   on the Employee’s abiding by this agreement.
2. Acceptable Use: The Employee agrees that in using the District’s Internet access he/she will obey all 
   federal laws and regulations and all state laws and rules. Internet access is provided as an aid to employees
   to enable them to better perform their job responsibilities. Under no circumstances shall an Employee’s use
   of the District’s Internet access interfere with, or detract from, the performance of his/her job-related
   duties.
3. Penalties for Improper Use: If the Employee violates this agreement and misuses the Internet, the 
   Employee shall be subject to disciplinary action up to and including termination.
4. “Misuse of the District’s access to the Internet” includes, but is not limited to, the following:
   1. using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as defined by prevailing community standards;
   2. using abusive or profane language in private messages on the system; or using the system to harass, insult, or verbally attack others;
   3. posting anonymous messages on the system;
   4. using encryption software other than when required by the employee’s job duties;
   5. wasteful use of limited resources provided by the school including paper;
   6. causing congestion of the network through lengthy downloads of files other than when required by the employee’s job duties;
   7. vandalizing data of another user;
   8. obtaining or sending information that could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks;
   9. gaining or attempting to gain unauthorized access to resources or files;
   10. identifying oneself with another person’s name or password or using an account or password of another user without proper authorization;
   11. using the network for financial or commercial gain without district permission;
   12. theft or vandalism of data, equipment, or intellectual property;
   13. invading the privacy of individuals other than when required by the employee’s job duties;
   14. using the Internet for any illegal activity, including computer hacking and copyright or intellectual property law violations;
   15. introducing a virus to, or otherwise improperly tampering with, the system;
   16. degrading or disrupting equipment or system performance;
   17. creating a web page or associating a web page with the school or school district without proper authorization;
   18. attempting to gain access or gaining access to student records, grades, or files of students not under their jurisdiction;
   19. providing access to the District’s Internet Access to unauthorized individuals; or
   20. taking part in any activity related to Internet use that creates a clear and present danger of the substantial disruption of the orderly operation of the district or any of its schools;
   21. making unauthorized copies of computer software;
   22. personal use of computers during instructional time;
   23. installing software on district computers without prior approval of the Information Technology Security Officer or his/her designee except for District technology personnel as part of their job duties;

1. 1. 1. Expressing a political opinion to an elected official unless the opinion is either within the scope of the employee’s regular job duties or requested by an elected official or public entity; or
      2. Engaging in lobbying an elected official on a personal opinion by an employee unless the employee is a registered lobbyist for the District.

5. Liability for debts: Staff shall be liable for any and all costs (debts) incurred through their use of the 
   District’s computers or the Internet including penalties for copyright violations.
6. No Expectation of Privacy: The Employee signing below agrees that in using the Internet through the 
   District’s access, he/she waives any right to privacy the Employee may have for such use. The Employee
   agrees that the district may monitor the Employee’s use of the District’s Internet Access and may also
   examine all system activities the Employee participates in, including but not limited to e-mail, voice, and
   video transmissions, to ensure proper use of the system.
7. Signature: The Employee, who has signed below, has read this agreement and agrees to be bound by its 
   terms and conditions.

 

Date Adopted: June 8, 2009 
Last Revised: June 12, 2024

8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE

The Family and Medical Leave Act (FMLA) offers job protection for leave that might otherwise be considered excessive absences. Employees need to carefully comply with this policy to ensure they do not lose FMLA protection due to inaction or failure to provide the District with needed information. The FMLA provides up to twelve (12) workweeks (or, in some cases twenty-six (26) weeks) of job-protected leave to eligible employees with absences that qualify under the FMLA. While an employee can request FMLA leave and has a duty to inform the District, as provided in this policy, of foreseeable absences that may qualify for FMLA leave, it is the District’s ultimate responsibility to identify qualifying absences as FMLA or non-FMLA. FMLA leave is unpaid, except to the extent that paid leave applies to any given absence as governed by the FMLA and this policy.

SECTION ONE – FMLA LEAVE GENERALLY

Definitions:

“Eligible Employee” is an employee who has:

1. Been employed by the District for at least twelve (12) months, which are not required to be

consecutive; and

1. Performed at least 1250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

“FMLA” is the Family and Medical Leave Act

“Health Care Provider” means:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices;
2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law;
3. Nurse practitioners, nurse-midwives, clinical social workers and physician assistants who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;
4. Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science practitioner, an employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner except as otherwise provided under applicable State or local law or collective bargaining agreement; or
5. Any other person determined by the U.S. Secretary of Labor to be capable of providing health care services.

“Instructional Employee” is an employee whose principal function is to teach and instruct students in a class, a small group, or an individual setting and includes athletic coaches, driving instructors, preschool teachers, and special education assistants such as signers for the hearing impaired. The term does not include, and the special rules related to the taking of leave near the end of a semester do not apply to: teacher assistants or aides who do not have as their principal job actual teaching or instructing, administrators, counselors, librarians, psychologists, and curriculum specialists.

“Intermittent leave” is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in the employee’s schedule for a period of time, normally from full-time to part-time.

“Next of Kin”, used in respect to an individual, means the nearest blood relative of that individual.

“Parent” is the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or a daughter. This term does not include parents “in-law.”

“Serious Health Condition” is an injury, illness, impairment, or physical or mental condition that involves
inpatient care in a hospital, hospice, or residential medical facility or continuing treatment by a health care provider.

“Son or daughter”, for numbers 1, 2, or 3 below, is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age eighteen (18), or age eighteen (18) or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.

“Year” the twelve (12) month period of eligibility shall begin on July first of each school year.

Policy

The provisions of this policy are intended to be in line with the provisions of the FMLA. If any conflict(s) exist, the Family and Medical Leave Act of 1993, as amended, shall govern.

Leave Eligibility

The District will grant up to twelve (12) weeks of leave in a year in accordance with the FMLA, as amended, to its eligible employees for one or more of the following reasons:

1. Because of the birth of a son or daughter of the employee and in order to care for such son or daughter;
2. Because of the placement of a son or daughter with the employee for adoption or foster care;
3. To care for the spouse, son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition;
4. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee; and
5. Because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. (See Section Two)
6. To care for a spouse, child, parent, or next of kin who is a covered service member with a serious illness or injury. (See Section Two)

The entitlement to leave for reasons 1 and 2 listed above shall expire at the end of the twelve (12) month period beginning on the date of such birth or placement.

A legally married couple who are both eligible employees employed by the District may not take more than a combined total of twelve (12) weeks of FMLA leave for reasons 1, 2, or to care for a parent under number 3\.

Provisions Applicable to both Sections One and Two

District Notice to Employees

The District shall post, in conspicuous places in each school within the District where notices to employees and applicants for employment are customarily posted, a notice explaining the FMLA’s provisions and providing information about the procedure for filing complaints with the Department of Labor.

Designation Notice to Employee

When an employee requests FMLA leave or the District determines that an employee’s absence may be covered under the FMLA, the District shall provide written notice within five (5) business days (absent extenuating circumstances) to the employee of the District’s determination of his/her eligibility for FMLA leave. If the employee is eligible, the District may request additional information from the employee and/or certification from a health care provider to help make the applicability determination. After receiving sufficient information as requested, the District shall provide a written notice within five (5) business days (absent extenuating circumstances) to the employee of whether the leave qualifies as FMLA leave and will be so designated.

If the circumstances for the leave don’t change, the District is only required to notify the employee once of the determination regarding the designation of FMLA leave within any applicable twelve (12) month period.

Employees who receive notification that the leave request does not qualify under the FMLA are expected to return to work; further absences that are not otherwise excused could lead to discipline for excessive absences or termination for job abandonment.

Concurrent Leave Under the FMLA

All FMLA leave is unpaid unless substituted by applicable accrued leave. The District requires employees to substitute any applicable accrued leave (in the order of sick, personal, or vacation leave as may be applicable) for any period of FMLA leave.

An employee who does not have enough accrued leave to cover the number of days of FMLA leave taken shall not have his/her number of contract days altered because some of the FMLA leave taken was unpaid.

Working at another Job while Taking FMLA for Personal or Family Serious Medical Condition

No employee on FMLA leave for their own serious medical condition may perform work at another, non-district job while on FMLA leave. Except as provided in policy 8.36, employees who do perform work at another, non-district job while on FMLA leave for their own serious medical condition will be subject to discipline, which could include termination or nonrenewal of their contract of employment.

No employee on FMLA leave for the serious medical condition of a family member may perform work at another, non-district job while on FMLA leave. Employees who do perform work at another, non-district job while on FMLA leave for the serious medical condition of a family member will be subject to discipline, which could include termination or nonrenewal of their contract of employment.

Health Insurance Coverage

The District shall maintain coverage under any group health plan for the duration of FMLA leave the employee takes at the level and under the conditions coverage would have been provided if the employee had continued in active employment with the District. Additionally, if the District makes a change to its health insurance benefits or plans that apply to other employees, the employee on FMLA leave must be afforded the opportunity to access additional benefits and/or the same responsibility for changes to premiums. Any changes made to a group health plan that apply to other District employees must also apply to the employee on FMLA leave. The District will notify the employee on FMLA leave of any opportunities to change plans or benefits. The employee remains responsible for any portion of premium payments customarily paid by the employee. When on unpaid FMLA leave, it is the employee’s responsibility to submit his/her portion of the cost of the group health plan coverage to the district’s business office on or before it would be made by payroll deduction.

The District has the right to pay an employee’s unpaid insurance premiums during the employee’s unpaid FMLA leave to maintain the employee’s coverage during his/her leave. The District may recover the employee's share of any premium payments missed by the employee for any FMLA leave period that the District maintains health coverage for the employee by paying his/her share. Such recovery shall be made by offsetting the employee’s debt through payroll deductions or by other means against any monies owed to the employee by the District.

An employee who chooses to not continue group health plan coverage while on FMLA leave~~,~~ is entitled to be reinstated on the same terms as prior to taking the leave, including family or dependent coverages, without any qualifying period, physical examination, exclusion of pre-existing conditions, etc.

If an employee gives unequivocal notice of an intent not to return to work, or if the employment relationship would have terminated if the employee had not taken FMLA leave, the District’s obligation to maintain health benefits ceases.

If the employee fails to return from leave after the period of leave the employee was entitled has expired, the District may recover the premiums it paid to maintain health care coverage unless:

1. The employee fails to return to work due to the continuation, reoccurrence, or onset of a serious health condition that entitles the employee to leave under reasons 3 or 4 listed above; and/or
2. Other circumstances exist beyond the employee’s control.

Circumstances under “a” listed above shall be certified by a licensed, practicing health care provider verifying the employee’s inability to return to work.

Reporting Requirements During Leave

Unless circumstances exist beyond the employee’s control, the employee shall inform the district every two (2) weeks during FMLA leave of his/her current status and intent to return to work.

Return to Previous Position

An employee returning from FMLA leave is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An equivalent position must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, and authority.

The employee’s right to return to work and/or to the same or an equivalent position does not supersede any actions taken by the District, such as conducting a RIF that the employee would have been subject to had the employee not been on FMLA leave at the time of the District’s actions.

Leave Acquired Through Fraud

If it is discovered that an employee engaged in fraud or otherwise provided the District with documentation that includes a material misrepresentation of fact in order to receive FMLA leave, the District may discipline the employee up to and including termination.

Provisions Applicable to Section One

Employee Notice to District

Foreseeable Leave~~:~~

When the need for leave is foreseeable for reasons 1 through 4 listed above, the employee shall provide the District with at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to provide the District with timely advance notice of the need for FMLA leave may have his/her FMLA coverage of such leave delayed until thirty (30) days after the date the employee provides notice.

If there is a lack of knowledge of approximately when the leave will be required to begin, a change in circumstances, or an emergency, notice must be given as soon as practicable. As soon as practicable means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case.

When the need for leave is for reasons 3 or 4 listed above, the eligible employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District subject to the approval of the health care provider of the spouse, son, daughter, or parent of the employee.

If the need for FMLA leave is foreseeable less than thirty (30) days in advance, the employee shall notify the District as soon as practicable. If the employee fails to notify as soon as practicable, the District may delay granting FMLA leave for the number of days equal to the difference between the number of days in advance that the employee should have provided notice and when the employee actually gave notice.

Unforeseeable Leave~~:~~

When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case.

Ordinarily, the employee shall notify the District within two (2) working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, fax, email, or other electronic means. If the eligible employee fails to notify the District as required, unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Medical Certification

Second and Third Opinions: In any case where the District has reason to doubt the validity of the initial certification provided, the District may require, at its expense, the employee to obtain the opinion of a second health care provider designated or approved by the employer. If the second opinion differs from the first, the District may require, at its expense, the employee to obtain a third opinion from a health care provider agreed upon by both the District and the employee. The opinion of the third health care provider shall be considered final and be binding upon both the District and the employee.

Recertification: The District may request, either orally or in writing, the employee obtains a recertification in connection with the employee’s absence, at the employee’s expense, no more often than every thirty (30) days unless one or more of the following circumstances apply:

* The original certification is for a period greater than thirty (30) days. In this situation, the District may require a recertification after the time of the original certification expires, but in any case, the District may require a recertification every six (6) months.
* The employee requests an extension of leave;
* Circumstances described by the previous certification have changed significantly; and/or
* The district receives information that casts doubt upon the continuing validity of the certification.

The employee must provide the recertification within fifteen (15) calendar days after the District’s request.

No second or third opinion on a recertification may be required.

The District may deny FMLA leave if an eligible employee fails to provide a requested certification.

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave for reasons 1 (as applicable), 2, 3, or 4 above, the District requires employees to substitute accrued sick, vacation, or personal leave for the period of FMLA leave.

To the extent the employee has accrued paid vacation or personal leave, any leave taken that qualifies for FMLA leave for reasons 1 or 2 above shall be paid leave and charged against the employee’s accrued leave.

Workers Compensation: FMLA leave may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a serious health condition. To the extent that workers’ compensation benefits and FMLA leave run concurrently, the employee will be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to 100% of the usual contracted daily rate of pay. If the health care provider treating the employee for the workers’ compensation injury certifies the employee is able to return to a “light duty job,” but is unable to return to the employee’s same or equivalent job, the employee may decline the District’s offer of a “light duty job.” As a result, the employee may lose his/her workers’ compensation payments, but for the duration of the employee’s FMLA leave, the employee will be paid for the leave to the extent that the employee has accrued applicable leave.

Return to Work

If the District’s written designation determination that the eligible employee’s leave qualified as FMLA leave under reason 4 above stated that the employee would have to provide a “fitness-for-duty” certification from a health care provider for the employee to resume work, the employee must provide such certification prior to returning to work. The employee’s failure to do so voids the District’s obligation to reinstate the employee under the FMLA and the employee shall be terminated.

If the District’s written designation determination that the eligible employee’s leave qualified as FMLA leave under reason 4 above stated that the employee would have to provide a “fitness-for-duty” certification from a health care provider for the employee to resume work and the designation determination listed the employee’s essential job functions, the employee must provide certification that the employee is able to perform those functions prior to returning to work. The employee’s failure to do so or his/her inability to perform his/her job’s essential functions voids the District’s obligation to reinstate the employee under the FMLA and the employee shall be terminated.

Failure to Return to Work~~:~~

In the event that an employee is unable or fails to return to work within FMLA's leave timelines, the superintendent will make a determination at that time regarding the documented need for a severance of the employee’s contract due to the inability of the employee to fulfill the responsibilities and requirements of his/her contract.

Intermittent or Reduced Schedule Leave

To the extent practicable, employees requesting intermittent or reduced schedule leave shall provide the District with not less than thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave.

Eligible employees may only take intermittent or reduced schedule leave for reasons 1 and 2 listed above if the District agrees to permit such leave upon the request of the employee. If the District agrees to permit an employee to take intermittent or reduced schedule leave for such reasons, the agreement shall be consistent with this policy’s requirements governing intermittent or reduced schedule leave. The employee may be transferred temporarily during the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties.

Eligible employees may take intermittent or reduced schedule FMLA leave due to reasons 3 or 4 listed above when the medical need is best accommodated by such a schedule. The eligible employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider.

When granting leave on an intermittent or reduced schedule for reasons 3 or 4 above that is foreseeable based on planned medical treatment, the District may temporarily transfer eligible employees for the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave.

Special Provisions relating to Instructional Employees as Defined in This Policy

The FMLA definition of "instructional employees" covers a small number of classified employees. Any classified employee covered under the FMLA definition of an "instructional employee" and whose FMLA leave falls under the FMLA’s special leave provisions relating to "instructional employees" shall be governed by the applicable portions of policy 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE.

SECTION TWO - FMLA LEAVE CONNECTED TO MILITARY SERVICE

Leave Eligibility

The FMLA provision of military associated leave is in two categories. Each one has some of its own definitions and stipulations. Therefore, they are dealt with separately in this Section of the policy. Definitions different than those in Section One are included under the respective reason for leave. Definitions that are the same as in Section One are NOT repeated in this Section.

Qualifying Exigency

An eligible employee may take FMLA leave for any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. Examples include issues involved with short-notice deployment, military events and related activities, childcare and school activities, the need for financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities as defined by federal regulations.

Definitions~~:~~

“Covered active duty” means:

* in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the armed forces to a foreign country; and
* in the case of a member of a reserve component of the Armed Forces, duty during deployment of the member with the armed forces to a foreign country under a call to order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

“Son or daughter on active duty or call to active duty status” means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age.

Certification

The District may require the eligible employee to obtain certification to help the district determine if the requested leave qualifies for FMLA leave for the purposes of a qualifying exigency. The District may deny FMLA leave if an eligible employee fails to provide the requested certification.

Employee Notice to District

Foreseeable Leave~~:~~

When the necessity for leave for any qualifying exigency is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the District as is reasonable and practicable regardless of how far in advance the leave is foreseeable. As soon as practicable means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case.

Unforeseeable Leave~~:~~

When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the District within two (2) working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, fax, email, or other electronic means. If the eligible employee fails to notify the District as required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave for any qualifying exigency, the District requires employees to substitute accrued vacation, or personal leave for the period of FMLA leave.

Intermittent or Reduced Schedule Leave

Eligible employees may take intermittent or reduced schedule leave for any qualifying exigency. The employee shall provide the district with as much notice as is practicable.

Special Provisions relating to Instructional Employees as Defined in This Policy

The FMLA definition of "instructional employees" covers a small number of classified employees. Any classified employee covered under the FMLA definition of an "instructional employee" and whose FMLA leave falls under the FMLA’s special leave provisions relating to "instructional employees" shall be governed by the applicable portions of policy 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE.

Serious Illness

An eligible employee is eligible for leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury under the following conditions and definitions.

Definitions:

“Covered Service Member” is:

1. a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
2. a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

“Outpatient Status”, used in respect to a covered servicemember, means the status of a member of the Armed Forces assigned to:

1. A military medical treatment facility as an outpatient; or
2. A unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

“Parent of a covered service-member” is a covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service-member. This term does not include parents “in law.”

“Serious Injury or Illness”:

1. In the case of a member of the Armed Forces, including the National Guard or Reserves, it means an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and
2. In the case of a veteran who was a member of the Armed Forces, including a member of the National Guard of Reserves, at any time during a period as a covered servicemember defined in this policy, it means a qualifying (as defined by the U.S. Secretary of Labor) injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

“Son or daughter of a covered service-member” means a covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered service-member stood in loco parentis, and who is of any age.

“Year”, for leave to care for the serious injury or illness of a covered servicemember, the twelve (12) month period begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends twelve (12) months after that date.

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of twenty-six (26) weeks of leave during one twelve (12) ~~-~~ month period to care for the service member who has a serious injury or illness as defined in this policy. An eligible employee who cares for such a covered servicemember continues to be limited for reasons 1 through 4 in Section One and for any qualifying exigency to a total of twelve (12) weeks of leave during a year as defined in this policy. For example, an eligible employee who cares for such a covered servicemember for sixteen (16) weeks during a twelve (12) month period could only take a total of ten (10) weeks for reasons 1 through 4 in Section One and for any qualifying exigency. An eligible employee may not take more than twelve (12) weeks of FMLA leave for reasons 1 through 4 in Section One and for any qualifying exigency regardless of how little leave the eligible employee may take to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury.

If a legally married couple are both eligible employees employed by the District, the legally married couple is entitled to a combined total of twenty-six (26) weeks of leave during one twelve (12) month period to care for their spouse, son, daughter, parent, or next of kin who is a covered servicemember with a serious injury or illness, as defined in this policy. The leave taken by a legally married couple who care for such a covered servicemember continues to be limited to a total of twelve (12) weeks of FMLA leave for reasons 1 through 4 in Section One and for any qualifying exigency during a year, as defined in this policy, regardless of whether or not the legally married couple uses less than a combined total of fourteen (14) weeks to care for a covered servicemember with a serious injury or illness; moreover, the legally married couple’s twelve (12) weeks are combined when taken for reasons 1, 2, or to care for a parent under reason 3 in Section One. For example, a legally married couple who are both eligible employees and who care for such a covered servicemember for sixteen (16) weeks during a twelve (12) month period could:

1. Each takes up to ten (10) weeks for reason 4 in section 1 or a qualifying exigency;
2. Take a combined total of ten (10) weeks for reasons 1, 2, or to care for a parent under reason 3 in Section One; or
3. Take a combination of numbers 1 and 2 that totals ten (10) weeks of leave.

Medical Certification

The District may require the eligible employee to obtain certification of the covered service member’s serious health condition to help the District determine if the requested leave qualifies for FMLA leave. The District may deny FMLA leave if an eligible employee fails to provide the requested certification.

Employee Notice to District

Foreseeable Leave~~:~~

When the need for leave to care for a spouse, child, parent, or next of kin who is a covered service-member with a serious illness or injury is clearly foreseeable at least thirty (30) days in advance, the employee shall provide the District with not less than thirty (30) days' notice before the date the employee intends for the leave ~~is~~ to begin for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to provide the District with timely advance notice of the need for FMLA leave may have his/her FMLA coverage of such leave delayed until thirty (30) days after the date the employee provides notice.

If the need for FMLA leave is foreseeable less than thirty (30) days in advance, the employee shall notify the District as soon as practicable. If the employee fails to notify as soon as practicable, the District may delay granting FMLA leave for an amount of time equal to the difference between the length of time that the employee should have provided notice and when the employee actually gave notice.

When the need for leave is to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the district subject to the approval of the health care provider of the spouse, son, daughter, or parent of the employee.

Unforeseeable Leave~~:~~

When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the District within two (2) working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, fax, email, or other electronic means. If the eligible employee fails to notify the District as required, unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury, the District requires employees to substitute accrued sick, vacation, or personal leave for the period of FMLA leave.

Intermittent or Reduced Schedule Leave

To the extent practicable, employees requesting intermittent or reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury shall provide the District with at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave.

Eligible employees may take intermittent or reduced schedule FMLA leave to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury when the medical need is best accommodated by such a schedule. The eligible employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider.

When granting leave on an intermittent or reduced schedule to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury that is foreseeable based on planned medical treatment, the District may temporarily transfer eligible employees for the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began.

Special Provisions relating to Instructional Employees (as defined in this policy)

The FMLA definition of "instructional employees" covers a small number of classified employees. Any classified employee covered under the FMLA definition of an "instructional employee" and whose FMLA leave falls under the FMLA’s special leave provisions relating to "instructional employees" shall be governed by the applicable portions of policy 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE.

Cross References: 8.5—CLASSIFIED EMPLOYEES SICK LEAVE
8.12—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT
8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES AND
WORKERS’ COMPENSATION

Legal References: 29 USC §§ 2601 et seq.
29 CFR part 825
A.C.A. § 6-17-122

Date Adopted: May 11, 2009
Last Revised: April 20, 2020

8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES

“School Bus” is a motorized vehicle that meets the following requirements:

1. Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
2. Is operated for the transportation of students from home to school, from school to home, or to and from school events.

Any driver of a school bus shall not operate the school bus while using a device to browse the internet, make or receive phone calls or compose or read emails or text messages. A school bus driver may use a two-way radio communications device or any device used in a similar manner as a two-way radio communications device to communicate with the District’s central dispatch or transportation center. In addition, if the school bus is safely off the road with the parking brake engaged, exceptions are allowed to call for assistance due to a mechanical problem with the bus, or to communicate with any of the following during an emergency:

* An emergency system response operator or 911 public safety communications dispatcher;
* A hospital or emergency room;
* A physician's office or health clinic;
* An ambulance or fire department rescue service;
* A fire department, fire protection district, or volunteer fire department; or
* A police department.

In addition to statutorily permitted fines, violations of this policy shall be grounds for disciplinary action up to and including termination.

Legal References: A.C.A. § 6 –19 -120
A.C.A. § 27-51-1504
A.C.A. § 27-51-1609

Date Adopted: June 8, 2009
Last Revised: June 27, 2019

8.25—CLASSIFIED PERSONNEL CELL PHONE USE

Use of cell phones or other electronic communication devices by employees during their designated work time for other than District approved purposes is strictly forbidden unless specifically approved in advance by the superintendent, building principal, or their designees. In addition to the language in this policy, the use of District provided cell phones is governed by Policy 8.22—CLASSIFIED PERSONNEL TECHNOLOGY USE POLICY.

District staff shall not be given cell phones for any purpose other than their specific use associated with school business. School employees who use a school-issued cell phone for non-school purposes, except as permitted by District policy, shall be subject to discipline, up to and including termination. School employees who are issued District cell phones due to the requirements of their position may use the phone for personal use on an “as needed” basis provided it is not during designated work time.

Except when authorized in Policy 8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, all employees are forbidden from using school-issued cell phones while driving any vehicle at any time. Violation may result in disciplinary action up to and including termination.

Except when authorized in Policy 8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, no employee shall use any device for the purposes of browsing the internet; composing or reading emails and text messages, or making or answering phone calls while driving a motor vehicle which is in motion and on school property. Violation may result in disciplinary action up to and including termination.

Cross References: 4.47— POSSESSION AND USE OF CELL PHONES, AND OTHER
ELECTRONIC DEVICES
7.14—USE OF DISTRICT CELL PHONES AND COMPUTERS
8.22 - CLASSIFIED PERSONNEL TECHNOLOGY USE POLICY
8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION
DEVICES

Legal References: IRS Publication 15 B
A.C.A. 6-19-120
A.C.A. § 25-1-128
A.C.A. § 27-51-1602
A.C.A. § 27-51-1609
Commissioner’s Memo COM-24-038

Date Adopted: June 8, 2009
Last Revised: June 12, 2024

8.26—CLASSIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

Definitions

“Attribute” means an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;

“Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act:
1\. May address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated;
2\. Involves an actual or reasonably perceived power imbalance;
3\. Is repeated or has a high likelihood of repetition; and
4\. Causes or creates actual or reasonably foreseeable:

* Physical harm to a public school employee or student or damage to the public school employee's or student's property;
* Substantial interference with a student's education or with a public school employee's role in education;
* A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or
* Substantial disruption of the orderly operation of the school or educational environment;

Examples of “Bullying” include, but are not limited to, a pattern of behavior involving one or more of the following:

1. Cyberbullying;
2. Sarcastic comments “compliments” about another student’s personal appearance or actual or perceived attributes,
3. Pointed questions intended to embarrass or humiliate,
4. Mocking, taunting, or belittling,
5. Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,
6. Demeaning humor relating to a student’s actual or perceived attributes,
7. Blackmail, extortion, demands protection money or other involuntary donations or loans,
8. Blocking access to school property or facilities,
9. Deliberate physical contact or injury to person or property,
10. Stealing or hiding books or belongings,
11. Threats of harm to student(s), possessions, or others,
12. Sexual harassment, as governed by policy 8.20, is also a form of bullying, and/or
13. Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether the student self-identifies as homosexual or transgender (Examples: “Slut”, “You are so gay.”, “Fag”, “Queer”).

“Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:

* Harass, intimidate, humiliate, ridicule, defame, or threaten a student, school employee, or person with whom the other student or school employee is associated; or
* Incite violence towards a student, school employee, or person with whom the other student or school employee is associated.

Cyberbullying of School Employees includes, but is not limited to:

1. Building a fake profile or website of the employee;
2. Posting or encouraging others to post on the Internet private, personal, or sexual information pertaining to a school employee;
3. Posting an original or edited image of the school employee on the Internet;
4. Accessing, altering, or erasing any computer network, computer data program, or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords of a school employee;
5. Making repeated, continuing, or sustained electronic communications, including electronic mail or transmission, to a school employee;
6. Making, or causing to be made, and disseminating an unauthorized copy of data pertaining to a school employee in any form, including without limitation the printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;
7. Signing up a school employee for a pornographic Internet site; or
8. Without the authorization of the school employee, signing up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages.

Cyberbullying is prohibited whether or not the cyberbullying originated on school property or with school equipment if the cyberbullying results in the substantial disruption of the orderly operation of the school or educational environment or are directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose.

“Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and

“Substantial disruption” means without limitation that any one or more of the following occurs as a result of the bullying:

* Necessary cessation of instruction or educational activities;
* The inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;
* Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
* Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

Teachers and other school employees who have witnessed, or are reliably informed that, a student has been a victim of bullying as defined in this policy, including a single action which if allowed to continue would constitute bullying, shall report the incident(s) to the building principal, or designee, as soon as possible.

The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form.

District staff is required to help enforce the implementation of the district’s anti-bullying policy. Students who bully another person are to be held accountable for their actions whether they occur on school equipment or property; off school property at a school-sponsored or school-approved function, activity, or event; going to or from school, or a school activity in a school vehicle or school bus; or at designated school bus stops. Students are encouraged to report behavior they consider to be bullying, including a single action which if allowed to continue would constitute bullying, to their teacher or the building principal. The report may be made anonymously.

A building principal, or designee, who receives a credible report or complaint of bullying shall:

1. As soon as reasonably practicable, but by no later than the end of the school day following the receipt of the credible report of bullying:
2. Report to a parent, legal guardian, person having lawful control of a student, or person standing in loco parentis of a student that their student is the victim in a credible report of bullying; and
3. Prepare a written report of the alleged incident of bullying;
4. Promptly investigate the credible report or complaint of bullying, which shall be completed by no later than the fifth (5th) school day following the completion of the written report.
5. Notify within five (5) days following the completion of the investigation the parent, legal guardian, a person having lawful control of a student, or person standing in loco parentis of a student who was the alleged victim in a credible report of bullying whether the investigation found the credible report or complaint of bullying to be true and the availability of counseling and other intervention services.
6. Notify within five (5) days following the completion of the investigation the parent, legal guardian, a person having lawful control of the student, or person standing in loco parentis of the student who is alleged to have been the perpetrator of the incident of bullying:
7. That a credible report or complaint of bullying against their student exists;
8. Whether the investigation found the credible report or complaint of bullying to be true;
9. Whether an action was taken against their student upon the conclusion of the

investigation of the alleged incident of bullying; and

1. Information regarding the reporting of another alleged incident of bullying,

including potential consequences of continued incidents of bullying;

5\. Make a written record of the investigation, which shall include:

1. A detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying;
b. Any action taken as a result of the investigation; and

6\. Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

District employees are held to a high standard of professionalism, especially when it comes to employee-student interactions. Actions by a District employee towards a student that would constitute bullying if the act had been performed by a student shall result in disciplinary action, up to and including termination. This policy governs bullying directed towards students and is not applicable to adult on adult interactions. Therefore, this policy does not apply to interactions between employees. Employees may report workplace conflicts to their supervisors. In addition to any disciplinary actions, the District shall take appropriate steps to remedy the effects resulting from bullying.

To prevent multiple, simultaneous investigations into the same alleged conduct, if the facts that support an alleged incident of bullying may also constitute a violation of another District policy; State or Federal law; State rule; or Federal regulation, then the District shall investigate and dispose of the alleged incident of bullying in accordance with the other applicable District policy; State or Federal law; State rule; or federal regulation in lieu of the requirements of this policy.

Legal References: A.C.A. § 6-18-514
DESE Rules Governing Student Discipline

Date Adopted: June 8, 2009
Last Revised: February 4, 2026

8.27—CLASSIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT

Any staff member who, while in the course of their employment, is injured by an assault or other violent act; while intervening in a student fight; while restraining a student; or while protecting a student from harm, shall be granted a leave of absence for up to one (1) year from the date of the injury, with full pay.

A leave of absence granted under this policy shall not be charged to the staff member’s sick leave.

In order to obtain leave under this policy, the staff member must present documentation of the injury from a physician, with an estimate for time of recovery sufficient to enable the staff member to return to work, and written statements from witnesses (or other documentation as appropriate to a given incident) to prove that the incident occurred in the course of the staff member’s employment.

Legal Reference: A.C.A. § 6-17-1308

Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.28—DRUG-FREE WORKPLACE - CLASSIFIED PERSONNEL

The conduct of district staff plays a vital role in the social and behavioral development of our students. It is equally important that the staff have a safe, healthful, and professional environment in which to work. To help promote both interests, the district shall have a drug-free workplace. It is, therefore, the district’s policy that district employees are prohibited from the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, illegal drugs, inhalants, alcohol, as well as the inappropriate or illegal use of prescription drugs. Such actions are prohibited both while at work or in the performance of official duties while off district property; violations of this policy will subject the employee to discipline, up to and including termination.

To help promote a drug-free workplace, the district shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the district's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance abuse programs, and the penalties that may be imposed upon employees for drug abuse violations.

Should any employee be found to have been under the influence of, or in illegal possession of, any illegal drug or controlled substance, whether or not engaged in any school or school-related activity, and the behavior of the employee, if under the influence, is such that it is inappropriate for a school employee in the opinion of the superintendent, the employee may be subject to discipline, up to and including termination. This policy also applies to those employees who are under the influence of alcohol while on campus or at school-sponsored functions, including athletic events.

Possession, use or distribution of drug paraphernalia by any employee, whether or not engaged in school or school-related activities, may subject the employee to discipline, up to and including termination. Possession in one’s vehicle or in an area subject to the employee’s control will be considered to be possession as though the substance were on the employee’s person.

It shall not be necessary for an employee to test at a level demonstrating intoxication by any substance in order to be subject to the terms of this policy. Any physical manifestation of being under the influence of a substance may subject an employee to the terms of this policy. Those physical manifestations include, but are not limited to unsteadiness; slurred speech; dilated or constricted pupils; incoherent and/or irrational speech; or the presence of an odor associated with a prohibited substance on one’s breath or clothing.

Should an employee desire to provide the District with the results of a blood, breath, or urine analysis, such results will be taken into account by the District only if the sample is provided within a time range that could provide meaningful results and only by a testing agency chosen or approved by the District. The District shall not request that the employee be tested, and the expense for such voluntary testing shall be borne by the employee.

Any incident at work resulting in injury to the employee requiring medical attention shall require the employee to submit to a drug test, which shall be paid at the District’s worker’s compensation carrier’s expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the use of illegal substances or the misuse of prescription medications shall be grounds for the denial of worker’s compensation benefits in accordance with policy 8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES AND WORKERS’ COMPENSATION.

Any employee who is charged with a violation of any state or federal law relating to the possession, use, or distribution of illegal drugs, other controlled substances or alcohol, or of drug paraphernalia, must notify his immediate supervisor within five (5) weekdays (i.e., Monday through Friday, inclusive, excluding holidays) of being so charged. The supervisor who is notified of such a charge shall notify the Superintendent immediately.

If the supervisor is not available to the employee, the employee shall notify the Superintendent within the five (5) day period.

Any employee so charged is subject to discipline, up to and including termination. However, the failure of an employee to notify his supervisor or the Superintendent of having been so charged shall result in that employee being recommended for termination by the Superintendent.

Any employee convicted of any criminal drug statute violation for an offense that occurred while at work or in the performance of official duties while off district property shall report the conviction within 5 calendar days to the superintendent. Within 10 days of receiving such notification, whether from the employee or any other source, the district shall notify federal granting agencies from which it receives funds of the conviction. Compliance with these requirements and prohibitions is mandatory and is a condition of employment.

Any employee convicted of any state or federal law relating to the possession, use, or distribution of illegal drugs, other controlled substances, or drug paraphernalia, shall be recommended for termination.

Any employee who must take prescription medication at the direction of the employee’s physician, and who is impaired by the prescription medication such that he cannot properly perform his duties shall not report for duty. Any employee who reports for duty and is so impaired, as determined by his supervisor, will be sent home. The employee shall be given sick leave if owed any. The District or employee will provide transportation for the employee, and the employee may not leave campus while operating any vehicle. It is the responsibility of the employee to contact his physician in order to adjust the medication, if possible, so that the employee may return to his job unimpaired. Should the employee attempt to return to work while impaired by prescription medications, for which the employee has a prescription, he will, again, be sent home and given sick leave, if owed any; Should the employee attempt to return to work while impaired by prescription medication a third time the employee may be subject to discipline, up to and including a recommendation of termination.

Any employee who possesses, uses, distributes, or is under the influence of a prescription medication obtained by a means other than his own current prescription shall be treated as though he was in possession, possession with intent to deliver, or under the influence, etc. of an illegal substance. An illegal drug or other substance is one that is (a) not legally obtainable, or (b) one which is legally obtainable, but which has been obtained illegally. The District may require an employee to provide proof from his physician and/or pharmacist that the employee is lawfully able to receive such medication. Failure to provide such proof, to the satisfaction of the Superintendent, may result in discipline, up to and including a recommendation of termination.

A report to the appropriate licensing agency shall be filed within seven (7) days of:

1) A final disciplinary action taken against an employee resulting from the diversion, misuse, or abuse of illicit drugs or controlled substances; or
2) The voluntary resignation of an employee who is facing a pending disciplinary action resulting from the diversion, misuse, or abuse of illicit drugs or controlled substances.

The report filed with the licensing authority shall include, but not be limited to:

* The name, address, and telephone number of the person who is the subject of the report; and
* A description of the facts giving rise to the issuance of the report.

When the employee is not a healthcare professional, law enforcement will be contacted regarding any final disciplinary action taken against an employee for the diversion of controlled substances to one (1) or more third parties.

Legal References: 41 USC § 8101, 8103, and 8104
A.C.A. § 5-71-231
A.C.A. § 11-9-102
A.C.A. § 17-80-117
Date Adopted: June 8, 2009
Last Revised: May 23, 2025

8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT

CERTIFICATION

I, hereby certify that I have been presented with a copy of the West Fork School District’s drug-free workplace policy, that I have read the statement, and that I will abide by its terms as a condition of my employment with the District.

 

Date Adopted: June 8, 2009
Last Revised: March 14, 2016

8.29—CLASSIFIED PERSONNEL VIDEO SURVEILLANCE AND OTHER

MONITORING

The Board of Directors has a responsibility to maintain discipline, protect the safety, security, and welfare of its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and equipment. As part of fulfilling this responsibility, the board authorizes the use of video/audio surveillance cameras, automatic identification, data compilation devices, and technology capable of tracking the physical location of district equipment, students, and/or personnel.

The placement of video/audio surveillance cameras shall be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property, facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an expectation of bodily privacy is reasonable and customary.

Signs shall be posted on district property and in or on district vehicles to notify students, staff, and visitors that video cameras may be in use. Violations of school personnel policies or laws caught by the cameras and other technologies authorized in this policy may result in disciplinary action.

The district shall retain copies of video recordings until they are erased which may be accomplished by either deletion or copying over with a new recording.

Videos, automatic identification, or data compilations containing evidence of a violation of district personnel policies and/or state or federal law shall be retained until the issue of the misconduct is no longer subject to review or appeal as determined by board policy or staff handbook; any release or viewing of such records shall be in accordance with current law.

Staff who vandalize, damage, defeat, disable, or render inoperable (temporarily or permanently) surveillance cameras and equipment, automatic identification, or data compilations devices shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities.

Video recordings and automatic identification or data compilation records may become a part of a staff member’s personnel record.

Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.30—CLASSIFIED PERSONNEL REDUCTION IN FORCE

SECTION ONE

The School Board acknowledges its authority to conduct a reduction in force (RIF) when a decrease in enrollment or other reason(s) make such a reduction necessary or desirable. A RIF will be conducted when the need for a reduction in the work force exceeds the normal rate of attrition for that portion of the staff that is in excess of the needs of the district as determined by the superintendent.

In effecting a RIF, the primary goals of the school district shall be: what is in the best interests of the students; to maintain accreditation in compliance with the Standards for Accreditation of Arkansas Public Schools and/or the North Central Association; and the needs of the district. A RIF will be implemented when the superintendent determines it is advisable to do so and shall be effected through non-renewal, termination, or both.  Any RIF will be conducted by evaluating the needs and long- and short-term goals of the school district in relation to the staffing of the district.

If a RIF becomes necessary, the RIF shall be conducted separately for each occupational category of classified personnel identified within the district on the basis of each employee’s points as determined by the schedule contained in this policy. The employee within each occupational category with the fewest number of points will not be recommended for renewal or will be terminated first.

Points

Employee experience in the district in the role being RIF’d.

2 points - Has the most years of service in the district in the role being RIF’d.

1 points - Has less years of service in the district than the employee with the most years in the role being RIF’d.

Has a certification (s) that is relevant to the position

1 point - per relevant certification tied to the position

Effectiveness in the role being RIF’d.

3 points - Is the most effective worker in the role being RIF’d based on the most recent evaluation.

1 point - Is less effective than the most effective worker in the role being RIF’d based on the most recent evaluation.

When the District is conducting a RIF, all potentially affected classified employees shall receive a listing of the personnel within their category with corresponding point totals. Upon receipt of the list, each employee has ten (10) working days within which to appeal their point total to the superintendent whose decision shall be final. Except for changes made pursuant to the appeals process, no changes will be made to the list that would affect an employee’s total after the list is released.

Except as may occur during a RIF in the District’s teaching staff, there is no right or implied right for any employee to “bump” or displace any other employee. When there is a RIF of the District’s teaching staff, a teacher with full licensure in a position shall prevail over a teacher with greater points but who is lacking full licensure in that subject area. “Full licensure” means an initial, or standard, non-contingent license to teach in a subject area or grade level, in contrast with a license that is provisional, temporary, or conditional on the fulfillment of additional coursework or passing exams or any other requirement of the Division of Elementary and Secondary Education, other than the attainment of annual professional development training; or teaching under a waiver from licensure. The exception for a RIF in the District’s teaching staff specifically does not allow a licensed employee who might wish to assume a classified position to displace a classified employee.

In the event of a tie between two (2) or more employees, the employee(s) shall be retained based on the following:

* An employee with the highest evaluation rating shall be retained over an employee with the second highest evaluation rating.
* If both employees have the same evaluation rating, the employee whose name appears first in the Board minutes to be hired shall be retained.

Pursuant to any reduction in force brought about by consolidation or annexation and as a part of it, the salaries of all employees will be brought into compliance, by a partial RIF if necessary, with the receiving district’s salary schedule. Further adjustments will be made if length of contract or job assignments change. A Partial RIF may also be conducted in conjunction with any job reassignment whether or not it is conducted in relation to an annexation or consolidation.

There shall be no right of recall for any classified employee.

SECTION TWO

The employees of any school district which annexes to, or consolidates with, the West Fork School District will be subject to dismissal or retention at the discretion of the school board, on the recommendation of the superintendent, solely on the basis of need for such employees on the part of the West Fork School District, if any, at the time of the annexation or consolidation, or within ninety (90) days after the effective date of the annexation or consolidation. The need for any employee of the annexed or consolidated school district shall be determined solely by the superintendent and school board of the West Fork School District.

Such employees will not be considered as having any seniority within the West Fork School District and may not claim an entitlement under a RIF to any position held by a West Fork School District employee prior to, or at the time of, or prior to the expiration of ninety (90) days after the consolidation or annexation, if the notification provision below is undertaken by the superintendent.

The superintendent shall mail, email, or have hand-delivered the notification to such employee of the superintendent’s intention to recommend the employee not be renewed or be terminated pursuant to a RIF within ninety (90) days of the effective date of the annexation or consolidation in order to effect the provisions of this section of the West Fork School District’s RIF policy. Any employees who were not renewed or were terminated pursuant to Section Two are not subject to recall. Any such employees shall be paid at the rate for each person on the appropriate level on the salary schedule of the annexed or consolidated district during those ninety (90) days and/or through the completion of the RIF process.

This subsection of the RIF policy shall not be interpreted to provide that the superintendent must wait ninety (90) days from the effective date of the annexation or consolidation in order to issue a notification of the superintendent’s intention to recommend dismissal through RIF, but merely that the superintendent has that period of time in which to issue a notification so as to be able to invoke the provisions of this section.

The intention of this section is to ensure that those West Fork School District employees who are employed prior to the annexation or consolidation shall not be displaced by employees of the annexed or consolidated district by application of the RIF policy.

Legal Reference: A.C.A. § 6-17-2407

Date Adopted: June 8, 2009
Last Revised: June 12, 2024

8.31—CLASSIFIED PERSONNEL RENEWAL AND TERMINATION

Renewal

When determining whether to make a recommendation of renewal of an employee’s contract to the District’s Board of Directors, the superintendent, with input from the appropriate employee’s supervisor, shall make the determination based upon the following, as applicable:

1. Effectiveness, including the employee’s evaluations;
2. Performance, including disciplinary infractions;
3. Qualifications, including relevant education degrees or credentials.

Seniority shall be used in determining whether or not an employee shall be renewed only when determining whom to renew and all else is equal between the employees in question.

If the superintendent finds probable cause that an employee has engaged in sexual misconduct with a minor, then the superintendent shall not recommend the renewal of the employee.

Following the superintendent’s recommendation for renewal and approval by the Board, a copy of the next year’s employment contract shall be provided to each employee.

Termination

The superintendent is empowered to make a recommendation to terminate an employee’s employment contract to the Board for an employee’s violation of District policies; State or Federal laws; State Rules; or Federal regulations. If the superintendent determines that it is necessary to make a recommendation for termination, the superintendent shall provide the employee written notice of the superintendent’s intention to recommend that the employee be terminated. The written notice may be mailed to the employee’s address on file with the District, e-mailed to the employee’s District provided e-mail address, or hand delivered to the employee. The written notice shall contain a statement:

* Of the grounds for the recommendation of termination that are set forth in separately numbered paragraphs;
* Of the date, time, and location when the superintendent’s recommendation for termination shall be presented to the Board, which shall be no earlier than ten (10) days and no later than the next regular scheduled Board meeting following the ten (10) day period unless another date is agreed to in writing by the superintendent and the employee;
* That time shall be provided for the employee to provide a defense against the recommendation for termination at a hearing before the Board;
* That the hearing before the Board shall be open to the public; and
* That the superintendent shall present the reason for recommending termination of the employee to the Board in executive session should the employee choose not to attend the hearing or choose not to provide a defense at the hearing.

The superintendent shall provide the employee written notification of the Board’s decision regarding the recommendation for termination as soon as possible by mail to the employee’s address on file with the District, e-mail to the employee’s District provided e-mail address, or hand delivery to the employee.

Legal references: A.C.A. § 6-13-636
A.C.A. § 6-17-414
A.C.A. § 6-17-2301

Date Adopted: June 8, 2009
Last Revised: May 18, 2023

8.32—CLASSIFIED PERSONNEL ASSIGNMENTS

The superintendent shall be responsible for assigning and reassigning non-certified personnel.

Date Adopted: June 8, 2009
Last Revised: May 24, 2012

8.33—CLASSIFIED PERSONNEL SCHOOL CALENDAR

The superintendent shall present to the personnel policies committee (PPC) a school calendar which the board has adopted as a proposal. The Superintendent, in developing the calendar, shall accept and consider recommendations from any staff member or group wishing to make calendar proposals. The PPC shall have the time prescribed by law and/or policy in which to make any suggested changes before the board may vote to adopt the calendar.

The District shall not establish a school calendar that interferes with any scheduled statewide assessment that might jeopardize or limit the valid assessment and comparison of student learning gains.

The West Fork School District shall operate by the following calendar:

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Legal References: A.C.A. § 6-15-2907(f)
A.C.A. § 6-17-2301
DESE Rules Governing the Arkansas Educational Support and Accountability Act

Date Adopted: June 8, 2009
Last Revised: June 9, 20258.34—CLASSIFIED PERSONNEL DUTIES AS MANDATED REPORTERS

It is the statutory duty of school district employees to:

* If the employee has reasonable cause to suspect child abuse or maltreatment, then the employee shall directly and personally report these suspicions to the Arkansas Child Abuse Hotline, by calling 1-800-482-5964, or by submitting a report through the online reporting system. Failure to report suspected child abuse, maltreatment, or neglect through the Hotline can lead to criminal prosecution and individual civil liability of the person who has this duty. Notification of local or state law enforcement does not satisfy the duty to report; only notification by means of the Child Abuse Hotline discharges this duty.
* If the employee has a good faith belief that there is a serious and imminent threat to the public based on a threat made by an individual regarding violence in or targeted at a school that has been communicated to the employee in the ordinary course of his/her professional duties, then the employee shall make every attempt to immediately notify law enforcement of the serious and imminent threat to the public and have notified law enforcement within twenty-four (24) hours of learning of the serious and imminent threat to the public.

The duty of mandated reporters to report suspected child abuse or maltreatment or serious and imminent threats to the public is a direct and personal duty, and cannot be assigned or delegated to another person. There is no duty to investigate, confirm or substantiate statements a student may have made which form the basis of the reasonable cause to believe that the student may have been abused or subjected to maltreatment by another person or that form the basis of the serious and imminent threat to the public; however, a person with a duty to report may find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or neglect has occurred; that a serious and imminent threat to the public exists; or to rule out such a belief.

Employees and volunteers who notify the Child Abuse Hotline or who report serious and imminent threats to the public to law enforcement in good faith are immune from civil liability and criminal prosecution.

By law, no school district or school district employee may prohibit or restrict an employee or volunteer who is a mandated reporter from directly reporting suspected child abuse, maltreatment, or a serious and imminent threat to the public, or require that any person notify or seek permission from any person before making a report to the Child Abuse Hotline or law enforcement.

Legal References: A.C.A. § 6-18-110
A.C.A. § 12-18-107
A.C.A. § 12-18-201 et seq.
A.C.A. § 12-18-302
A.C.A. § 12-18-402

Date Adopted: June 8, 2009
Last Revised: May 18, 2023

8.34—CLASSIFIED PERSONNEL DUTIES AS MANDATED REPORTERS

It is the statutory duty of school district employees to:   

• If the employee has reasonable cause to suspect child abuse or maltreatment, then the employee shall directly and personally report these suspicions to the Arkansas Child Abuse Hotline, by calling 1-800-482-5964, or by submitting a report through the online reporting system. Failure to report suspected child abuse, maltreatment, or neglect through the Hotline can lead to criminal prosecution and individual civil liability of the person who has this duty. Notification of local or state law enforcement does not satisfy the duty to report; only notification by means of the Child Abuse Hotline discharges this duty.

• If the employee has a good faith belief that there is a serious and imminent threat to the public based on a threat made by an individual regarding violence in or targeted at a school that has been communicated to the employee in the ordinary course of his/her professional duties, then the employee shall make every attempt to immediately notify law enforcement of the serious and imminent threat to the public and have notified law enforcement within twenty-four (24) hours of learning of the serious and imminent threat to the public.

The duty of mandated reporters to report suspected child abuse or maltreatment or serious and imminent threats to the public is a direct and personal duty, and cannot be assigned or delegated to another person. There is no duty to investigate, confirm or substantiate statements a student may have made which form the basis of the reasonable cause to believe that the student may have been abused or subjected to maltreatment by another person or that form the basis of the serious and imminent threat to the public; however, a person with a duty to report may find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or neglect has occurred; that a serious and imminent threat to the public exists; or to rule out such a belief. 

Employees and volunteers who notify the Child Abuse Hotline or who report serious and imminent threats to the public to law enforcement in good faith are immune from civil liability and criminal prosecution.

By law, no school district or school district employee may prohibit or restrict an employee or volunteer who is a mandated reporter from directly reporting suspected child abuse, maltreatment, or a serious and imminent threat to the public, or require that any person notify or seek permission from any person before making a report to the Child Abuse Hotline or law enforcement.  

Legal References:  A.C.A. § 6-18-110

A.C.A. § 12-18-107

A.C.A. § 12-18-201 et seq.

A.C.A. § 12-18-302

A.C.A. § 12-18-402

 

8.35—OBTAINING and RELEASING STUDENT’S FREE and REDUCED-PRICE

MEAL ELIGIBILITY INFORMATION

Obtaining Eligibility Information

A fundamental underpinning of the National School Lunch and School Breakfast Programs (Programs) is that in their implementation, there will be no physical segregation of, discrimination against, or overt identification of children who are eligible for the Program's benefits. While the requirements of the Programs are defined in much greater detail in federal statutes and pertinent Code of Federal Regulations, this policy is designed to help employees understand prohibitions on how the student information is obtained and/or released through the Programs. Employees with the greatest responsibility for implementing and monitoring the Programs should obtain the training necessary to become fully aware of the nuances of their responsibilities.

The District is required to inform households with children enrolled in District schools of the availability of the Programs and of how the household may apply for Program benefits. However, the District and anyone employed by the district is strictly forbidden from requiring any household or student within a household from submitting an application to participate in the program. There are NO exceptions to this prohibition and it would apply, for example, to the offer of incentives for completed forms, or disincentives or negative consequences for failing to submit or complete an application. Put simply, federal law requires that the names of the children shall not be published, posted, or announced in any manner.

In addition to potential federal criminal penalties that may be filed against a staff member who violates this prohibition, the employee shall be subject to discipline up to and including termination.

Releasing Eligibility Information

As part of the district’s participation in the National School Lunch Program and the School Breakfast Program, the district collects eligibility data from its students. The data’s confidentiality is very important and is governed by federal law. The district has made the determination to release student eligibility status or information as permitted by law. Federal law governs how eligibility data may be released and to whom. The district will take the following steps to ensure its confidentiality:

Some data may be released to government agencies or programs authorized by law to receive such data without parental consent, while other data may only be released after obtaining parental consent. In both instances, allowable information shall only be released on a need-to-know basis to individuals authorized to receive the data. The recipients shall sign an agreement with the district specifying the names or titles of the persons who may have access to the eligibility information. The agreement shall further specify the specific purpose(s) for which the data will be used and how the recipient(s) shall protect the data from further, unauthorized disclosures.

The superintendent shall designate the staff member(s) responsible for making eligibility determinations. Release of eligibility information to other district staff shall be limited to as few individuals as possible who shall have a specific need to know such information to perform their job responsibilities. Principals, counselors, teachers, and administrators shall not have routine access to eligibility information or status.

Each staff person with access to individual eligibility information shall be notified of their personal liability for its unauthorized disclosure and shall receive appropriate training on the laws governing the restrictions of such information.

Legal References: Commissioner’s Memos IA-05-018, FIN 09-041, IA 99-011, and
FIN 13-018
DESE Eligibility Manual for School Meals Revised July 2017
A.C.A. § 6-18-715
7 CFR 210.1 – 210.31
7 CFR 220.1 – 220.22
7 CFR 245.5, 245.6, 245.8
42 USC 1758(b)(6)

Date Adopted: June 8, 2009
Last Revised: June 27, 2019

8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’

COMPENSATION

The district provides Workers’ Compensation (WC) Insurance, as required by law. Employees who sustain any injury at work must immediately notify their immediate supervisor, or in the absence of their immediate supervisor notify the District’s Human Resource’s designee. The injured employee will then be instructed to notify the district’s worker’s compensation claims administrator to report their injury at 1-855-769-7900 or use the 24-hour online reporting form at www.arsba.org/page/insurance. An injured employee must fill out a Form N and the District’s Human Resource’s designee will determine whether to report the claim or to file the paperwork if the injury requires neither medical treatment or lost work time. While many injuries will require no medical treatment or time lost at work, should the need for treatment arise later, it is important that there be a record that the injury occurred. All employees have a duty to provide information and make statements as requested for the purposes of the claim assessment and investigation.

The District may discipline an employee, up to and including termination of the employee’s contract, if it is discovered that the employee:

1. Deliberately made false statements concerning the origin of an injury or the circumstances surrounding the injury; or
2. submitted a WC claim that the employee knew to be based substantially or entirely on false information.

An employee shall not be disciplined solely because the District’s WC carrier denied the employee’s WC claim.

For injuries requiring medical attention, the district will exercise its right to designate the initial treating physician and an injured employee will be directed to seek medical attention, if necessary, from a specific physician or clinic. In addition, employees whose injuries require medical attention shall submit to a drug test, which shall be paid at the District’s WC carrier’s expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the use of illegal substances or the misuse of prescription medications shall be grounds for the denial of WC benefits.

A WC absence may run concurrently with FMLA leave (policy 3.32) when the injury is one that meets the criteria for a serious health condition. To the extent that WC benefits and FMLA leave run concurrently, the employee will be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to 100% of the usual contracted daily rate of pay. If the health care provider treating the employee for the WC injury certifies the employee is able to return to a “light duty job,” but is unable to return to the employee’s same or equivalent job, the employee may decline the District’s offer of a “light duty job.” As a result, the employee may lose his/her WC payments, but for the duration of the employee’s FMLA leave, the employee will be paid for the leave to the extent that the employee has accrued applicable leave.

Employees who are absent from work in the school district due to a WC claim may not work at a non-district job until they have returned to full duties at their same or equivalent district job; those who violate this prohibition may be subject to discipline up to and including termination. This prohibition does NOT apply to an employee who has been cleared by his/her doctor to return to "light duty" but the District has no such position available for the employee and the employee's second job qualifies as "light duty".

To the extent an employee has accrued sick leave and a WC claim has been filed, an employee:

* Will be charged for a day's sick leave for all days missed until such time as the WC claim has been approved or denied;
* Whose WC claim is accepted by the WC insurance carrier as compensable and who is absent for eight (8) or more days shall be charged sick leave at the rate necessary, when combined with WC benefits,

to bring the total amount of combined income up to 100% of the employee's usual contracted daily rate of pay;

* Whose WC claim is accepted by the WC insurance carrier as compensable and is absent for fourteen (14) or more days will be credited back that portion of sick leave for the first seven (7) days of absence that is not necessary to have brought the total amount of combined income up to 100% of the employee's usual contracted gross pay.

Cross References: 8.5—CLASSIFIED EMPLOYEES SICK LEAVE
8.12—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT
8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE

Legal References: Ark. Workers Compensation Commission RULE 099.33 - MANAGED CARE
A.C.A. § 11-9-102
A.C.A. § 11-9-508(d)(5)(A)
A.C.A. § 11-9-514(a)(3)(A)(i)

Date Adopted: June 8, 2009
Last Revised: April 12, 2021

8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES AND WORKERS’

COMPENSATION

Legal References: A.C.A. § 6-17-1301 et seq.
A.C.A. § 16-17-1307
29 USC §§ 2601 et seq.
29 CFR 825.100 et seq.

Date Adopted: June 8, 2009
Last Revised: June 12, 2024

8.37WF—LICENSED PERSONNEL SOCIAL NETWORKING AND ETHICS

Definitions

Social Media Account: a personal, individual, and non-work related account with an electronic medium or service where users may create, share, or view user-generated content, including videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations, such as FaceBook, Twitter, LinkedIn, MySpace, Instagram.

Professional/education Social Media Account: an account with an electronic medium or service where users may create, share, or view user-generated content, including videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations, such as FaceBook, Twitter, LinkedIn, MySpace, Instagram.

Blogs: are a type of networking and can be either social or professional in their orientation. Professional blogs are encouraged and can provide a place for teachers to post homework, keep parents up-to-date, and interact with students concerning school-related activities. Social blogs are discouraged to the extent they involve teachers and students in a non-education oriented format.

General Social Networking Policy

District staff is encouraged to use educational technology, the Internet, and professional/education social networks to raise student achievement and to improve communication with parents and students. However, technology and social media accounts also offer staff many ways they can present themselves unprofessionally and/or interact with students inappropriately.

It is the duty of each staff member to appropriately manage all interactions with students, regardless of whether contact or interaction with a student occurs face-to-face or by means of technology, to ensure that the appropriate staff/student relationship is maintained. This includes instances when students initiate contact or behave inappropriately themselves.

Public school employees are, and always have been, held to a high standard of behavior. Staff members are reminded that whether specific sorts of contacts are permitted or not specifically forbidden by policy, they will be held to a high standard of conduct in all their interactions with students. Failure to create, enforce and maintain appropriate professional and interpersonal boundaries with students could adversely affect the District’s relationship with the community and jeopardize the employee’s employment with the district.

The Arkansas Department of Education Rules Governing the Code of Ethics for Arkansas Educators requires District staff to maintain a professional relationship with each student, both in and outside the classroom. The School Board of Directors encourages all staff to read and become familiar with the Rules. Conduct in violation of the Rules Governing the Code of Ethics for Arkansas Educators, including, but not limited to conduct relating to the inappropriate use of technology or online resources, may be reported to the Professional License Standards Board (PLSB) and may form the basis for disciplinary action up to and including termination.

Personal Social Networking Policy

Staff members are discouraged from creating personal social media accounts to which they invite students to be friends or followers. Employees taking such action do so at their own risk and are advised to monitor the site’s privacy settings regularly.

Professional Social Networking Policy

District employees may set up blogs and other professional/education social media accounts using District resources and following District guidelines to promote communications with students, parents, and the community concerning school-related activities and for the purpose of supplementing classroom instruction. Accessing professional/education social media during school hours is permitted.

Staff are reminded that the same relationship, exchange, interaction, information, or behavior that would be unacceptable in a non-technological medium, is unacceptable when done through the use of technology. In fact, due to the vastly increased potential audience digital dissemination presents, extra caution must be exercised by staff to ensure they don’t cross the line of acceptability. A good rule of thumb for staff to use is, “if you wouldn’t say it in class, don’t say it online.”

Whether permitted or not specifically forbidden by policy or when expressed in an adult-to-adult, face-to-face context, what in other mediums of expression could remain private opinions, including “likes” or comments that endorse or support the message or speech of another person, when expressed by staff on a social media website, have the potential to be disseminated far beyond the speaker’s desire or intention. This could undermine the public’s perception of the individual’s fitness to educate students, thus undermining the teacher’s effectiveness. In this way, the expression and publication of such opinions could potentially lead to disciplinary action being taken against the staff member, up to and including termination or nonrenewal of the contract of employment.

Staff who are employed by the district as a teacher under a waiver from licensure should be aware that, in addition to the restrictions on inappropriate interactions with students and dissemination of information under this policy, they are required to follow the Division of Elementary and Secondary Education (DESE) Rules Governing The Code Of Ethics For Arkansas Educators. Violations of this policy that would also violate the Code of Ethics for Arkansas Educators may result in the filing of an ethics complaint with DESE.

Accessing social media websites for personal use during school hours is prohibited, except during breaks or preparation periods. Staff is discouraged from accessing social media websites on personal equipment during their breaks and/or preparation periods because, while this is not prohibited, it may give the public the appearance that such access is occurring during instructional time. Except when expressly authorized by the employee’s job duties, staff shall not access social media websites using district equipment at any time, including during breaks or preparation periods, except in an emergency situation or with the express prior permission of school administration. Except when expressly authorized by the District employee’s job duties and when District procedures have been followed, all school district employees who participate in social media websites shall not post any school district data, documents, photographs taken at school or of students, logos, or other district-owned or created information on any website. Further, the posting of any private or confidential school district material on such websites is strictly prohibited. The posting of prohibited material or posting without following proper procedures may result in disciplinary action against the District employee, up to and including termination or non-renewal.

Privacy of Employee's Social Media Accounts

In compliance with A.C.A. § 11-2-124, the District shall not require, request, suggest, or cause a current or prospective employee to:

1. Disclose the username and/or password to his/her personal social media account;
2. Add an employee, supervisor, or administrator to the list of contacts associated with his/her personal social media account;
3. Change the privacy settings associated with his/her personal social media account; or
4. Retaliate against the employee for refusing to disclose the username and/or password to his/her personal social media account.

The District may require an employee to disclose his or her username and/or password to a personal social media account if the employee’s personal social media account activity is reasonably believed to be relevant to the investigation of an allegation of an employee violating district policy; local laws and rules; or federal laws and regulations. If such an investigation occurs, and the employee refuses, upon request, to supply the username and/or password required to make an investigation, disciplinary action may be taken against the employee, which could include termination or nonrenewal of the employee’s contract of employment with the District.

Notwithstanding any other provision in this policy, the District reserves the right to view any information about a current or prospective employee that is publicly available on the Internet.

In the event that the district inadvertently obtains access to information that would enable the district to have access to an employee’s personal social media account, the district will not use this information to gain access to the employee’s social media account. However, disciplinary action may be taken against an employee in accord with other District policies for using district equipment or network capability to access such an account. Employees have no expectation of privacy in their use of District-issued computers, other electronic devices, or the use of the District's network. (See policy 8.22—CLASSIFIED PERSONNEL COMPUTER USE POLICY)

Cross-reference: 3.28—LICENSED PERSONNEL COMPUTER USE POLICY
8.22—CLASSIFIED PERSONNEL COMPUTER USE POLICY

Legal References: A.C.A. § 11-2-124
DESE Rules Governing The Code Of Ethics For Arkansas Educators

Date Adopted: April 11, 2011
Last Revised: April 12, 2021

8.39WF—DEPOSITING COLLECTED FUNDS

From time to time, staff members may collect funds in the course of their employment. It is the responsibility of any staff member to deposit such funds they have collected daily into the appropriate accounts for which they have been collected. The Superintendent or his/her designee shall be responsible for determining the need for receipts for funds collected and other record keeping requirements and of notifying staff of the requirements.

Staff that use any funds collected in the course of their employment for personal purposes, or who deposit such funds in a personal account, may be subject to discipline up to and including termination.

Cross References: 3.47WF—DEPOSITING COLLECTED FUNDS
7.7WF—DEPOSITING COLLECTED FUNDS

Date Adopted: April 11, 2011
Last Revised: June 12, 2024

8.40WF—CLASSIFIED PERSONNEL WEAPONS ON CAMPUS

Firearms

Except as permitted by this policy, no employee of this school district, including those who may possess a “concealed carry permit,” shall possess a firearm on any District school campus or in or upon any school bus or at a District designated bus stop.

Employees who meet one or more of the following conditions are permitted to bring a firearm onto school property:

* He/she is participating in a school-approved educational course or program involving the use of firearms such as ROTC programs, hunting safety or military education, or before or after-school hunting or rifle clubs;
* The firearms are securely stored and located in an employee’s on-campus personal residence and/or immediately adjacent parking area;
* He/she is a registered, commissioned security guard acting in the course and scope of his/her duties;
* He/she is a certified law enforcement officer, either on or off duty
* He/she has a valid conceal carry license and leaves his/her handgun in his/her locked vehicle in the district parking lot.

Possession of a firearm by a school district employee who does not fall under any of the above categories anywhere on school property, including parking areas and in or upon a school bus, will result in disciplinary action being taken against the employee, which may include termination or nonrenewal of the employee.

Other Weapons

An employee may possess a pocket knife which for the purpose of this policy is defined as a knife that can be folded into a case and has a blade or blades of less than three (3) inches or less each. Employees are expected to safeguard such items in such a way as to ensure they are not possessed by students. Such items are not to be used against students, parents, or other school district employees. Possession of weapons, knives, or self-defense items that do not comply with the limits contained herein, the failure of an employee to safeguard such items, or the use of such items against students, parents, or other school district employees may result in disciplinary action being taken against the employee, which may include termination or nonrenewal of the employee.

A person in the State of Arkansas who is a Civil War reenactor may bring a Civil War era weapon onto campus with the prior permission of the building principal. If the weapon is a firearm, the firearm must be unloaded.

Legal References: A.C.A. § 5-73-119
A.C.A. § 5-73-120
A.C.A. § 5-73-124(a) (2)
A.C.A. § 5-73-301
A.C.A. § 5-73-306
A.C.A. § 6-5-502

Date Adopted: April 8, 2013
Last Revised: June 27, 2019

8.41—WRITTEN CODE OF CONDUCT FOR EMPLOYEES INVOLVED IN

PROCUREMENT WITH FEDERAL FUNDS

For purposes of this policy, “Family member” includes:

* An individual's spouse;
* Children of the individual or children of the individual's spouse;
* The spouse of a child of the individual or the spouse of a child of the individual's spouse;
* Parents of the individual or parents of the individual's spouse;
* Brothers and sisters of the individual or brothers and sisters of the individual's spouse;
* Anyone living or residing in the same residence or household with the individual or in the same residence or household with the individual's spouse; or
* Anyone acting or serving as an agent of the individual or as an agent of the individual's spouse.

No District employee, administrator, official, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds, including the District Child Nutrition Program funds if a conflict of interest exists, whether the conflict is real or apparent.  Conflicts of interest arise when one or more of the following has a financial or other interest in the entity selected for the contract:

1. The employee, administrator, official, or agent;
2. Any family member of the District employee, administrator, official, or agent;
3. The employee, administrator, official, or agent’s partner; or
4. An organization that currently employs or is about to employ one of the above.

Employees, administrators, officials, or agents shall not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements including, but not limited to:

1) Entertainment;
2) Hotel rooms;
3) Transportation;
4) Gifts;
5) Meals; or
6) Items of nominal value (e.g. calendar or coffee mug).

Violations of the Code of Conduct shall result in discipline, up to and including termination. The District reserves the right to pursue legal action for violations.

All District personnel involved in purchases with Federal funds, including child nutrition personnel, shall receive training on the Code of Conduct. Training should include guidance about how to respond when a gratuity, favor, or item with monetary value is offered.

Legal References: A.C.A. § 6-24-101 et seq.
Division of Elementary and Secondary Education Rules Governing the Ethical Guidelines and Prohibitions for Educational Administrators, Employees, Board Members & Other Parties
Commissioner’s Memo FIN 09-036
Commissioner’s Memo FIN-10-048
Commissioner’s Memo FIN 15-074
2 C.F.R. § 200.318
7 C.F.R. § 3016.36
7 C.F.R. § 3019.42

Date Adopted: April 13, 2015
Last Revised: June 27, 2019

8.42—CLASSIFIED PERSONNEL BUS DRIVER END of ROUTE REVIEW

Each bus driver shall walk inside the bus from the front to the back to make sure that all students have gotten off the bus after each trip. If a child is discovered through the bus walk, the driver will immediately notify the central office and make arrangements for transporting the child appropriately. If children are left on the bus after the bus walk-through has been completed and the driver has left the bus for that trip, the driver shall be subject to discipline up to and including termination.

Date Adopted: April 29, 2014
Last Revised:

8.43—CLASSIFIED PERSONNEL USE OF PERSONAL PROTECTIVE EQUIPMENT

Employees whose job duties require the use or wearing of Personal Protective Equipment (PPE) shall use or wear the prescribed PPE at all times while performing job duties that expose employees to potential injury or illness. Examples of PPE include, but are not limited to:

* Head and face protection:
* Hard hat;
* Bump cap;
* Welding helmet;
* Safety goggles;
* Safety glasses;
* Face shield;
* Respiratory protection:
* Dust/mist mask;
* Half-face canister respirators;
* Hearing protection:
* Earplugs;
* Earmuffs;
* Hand protection, which is based on hazard exposure(s) and type(s) of protection needed:
* Leather;
* Latex;
* Rubber;
* Nitrile;
* Kevlar;
* Cotton;
* Body protection:
* Welding apron;
* Welding jackets;
* Coveralls/Tyvek suits;
* Foot Protection:
* Metatarsal protection;
* Steel-toed boots/shoes;
* Slip-resistant shoes;
* Fall Protection:
* Belts, harnesses, lanyards;
* Skylight protection;
* Safe ladders;
* Scissor lifts.

Employees operating a school-owned vehicle that is equipped with seat belts for the operator shall be secured by the seat belt at all times the employee is operating the vehicle. If the vehicle is equipped with seat belts for passengers, the employee operating the vehicle shall not put the vehicle into motion until all passengers are secured by a seat belt. Employees traveling in, but not operating, a school-owned vehicle that is equipped with seat belts for passengers shall be secured by a seat belt at all times the vehicle is in motion.

Employees who fail to use or wear the prescribed PPE required by their job duties put themselves and co-workers at risk of sustaining personal injuries. Employees who are found to be performing job duties without using or wearing the necessary PPE required by the employee’s job duties may be disciplined, up to and including termination.

A supervisor may be disciplined, up to and including termination, if the supervisor:

1. Fails to ensure the employee has the prescribed PPE before the employee assumes job duties requiring such equipment;
2. Fails to provide an employee replacement PPE when necessary in order for the employee to continue to perform the job duties that require the PPE; or
3. Instructs the employee to perform the employee’s job duties without the prescribed PPE required by those job duties.

An employee shall not be disciplined for refusing to perform job duties that require the employee to use/wear PPE if:

1. The employee has not been provided the prescribed PPE; or
2. The PPE provided to the employee is damaged or worn to the extent that the PPE would not provide adequate protection to the employee.

An employee’s immediate supervisor is responsible for providing the employee training on the proper use, care, and maintenance of any and all PPE that the employee may be required to use.

Cross Reference: 8.11—OVERTIME, COMPTIME, and COMPLYING WITH FLSA

Date Adopted: March 12, 2018
Last Revised:

8.44—CLASSIFIED PERSONNEL CONTRACT RETURN

An employee shall have thirty (30) days from the date of the receipt of the employee’s contract for the following school year in which to return the contract, signed, to the office of the Superintendent. The date of receipt of the contract shall be presumed to be the date of a cover memo, which will be attached to the contract.

Failure of an employee to return the signed contract to the office of the Superintendent within thirty (30) days of the receipt of the contract shall operate as a rejection of the offer of employment by the employee. No further action on the part of the employee, the Superintendent, or the School Board shall be required in order to make the employee’s rejection of the offer of employment final.

An employee may unilaterally rescind a signed employment contract for the subsequent school year if the employee submits a signed written notification to the superintendent, or the superintendent’s designee, of the employee’s intent to rescind the contract for the subsequent school year by the end of business on:
· May 15; or
· The Friday before May 15 if May 15 falls on a weekend.

Legal Reference: A.C.A. § 6-17-311

Date Adopted: May 18, 2023
Last Revised: June 9, 2025

8.45—CLASSIFIED PERSONNEL CODE OF CONDUCT

Definitions

“Insubordination” means the willful disregard of a supervisor's instructions or the refusal to obey a lawful order from a supervisor. Insubordination does not mean the refusal to follow an order from a supervisor that would violate Federal or state law; Federal regulations; state rules; or a court order.

“Sexual harassment” means conduct on the basis of sex that may not reach the definition of sexual harassment under Policy 8.20 but is nevertheless inappropriate within the education setting. Examples of sexual harassment include, but are not limited to:

* Making sexual propositions or pressuring for sexual activities;
* Sexual grooming;
* Unwelcome touching;
* Writing graffiti of a sexual nature;
* Displaying or distributing sexually explicit drawings, pictures, or written materials;
* Performing sexual gestures or touching oneself sexually in front of others;
* Telling sexual or crude jokes;
* Spreading rumors related to a person’s alleged sexual activities;
* Discussions of sexual experiences;
* Rating, ranking, or assessing students or other employees as to:
* Physical attractiveness;
* Sexual activity or performance; or
* Sexual preference;
* Circulating or showing e-mails or Websites of a sexual nature;
* Intimidation by words, actions, insults, or name calling; and
* Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the individual self-identifies as homosexual or transgender.

Employee actions that meet the definitions within this policy are prohibited.

In recognition of the level of trust placed in District employees, the duty of care District employees have towards their charges, and the need for District employees to model appropriate behavior for their charges, the District has, and will continue to hold, its employees to a high standard of behavior. Employees whose actions are determined to be in violation of the provisions of this policy, another personnel policy, the Division of Elementary and Secondary Education Rules Governing the Code of Ethics for Arkansas Educators, or criminal conduct that statutorily prohibits employment by a school district may be recommended for discipline up to and including termination of the employee’s contract for employment. In addition to other forms of discipline, conduct in violation of the Rules may be reported to the Professional Licensure Standards Board.

Legal References: A.C.A. § 6-17-301
A.C.A. § 6-17-414
A.C.A. § 6-17-415
DESE Rules Governing the Code of Ethics for Arkansas Educators

Date Adopted: May 18, 2023
Last Revised:

8.45—CLASSIFIED PERSONNEL CODE OF CONDUCT

Legal References: 20 USC 1681 et seq.
34 C.F.R. Part 106
A.C.A. § 6-15-1005
A.C.A. § 6-18-502
A.C.A. § 12-18-102

Date Adopted: June 8, 2009
Last Revised: June 9, 2025

8.46—CLASSIFIED PERSONNEL MATERNITY LEAVE

Pursuant to Act 904 of the 2025 Arkansas General Assembly and in collaborationwith the Division of Elementary and Secondary Education, the District provides up to twelve (12) weeks of paid maternity leave according to the following provisions in state law:

The employee is female, and the leave is to be used for maternity purposes following the:
1\. Birth of an eligible employee’s biological child;
2\. Placement of an adoptive child under one (1) year of age in the home of an eligible employee~~.~~; or
3\. Foster placement of an infant under one (1) year of age in the home of an eligible employee.

An employee shall be eligible to take paid maternity leave under this policy if the:
· Individual was employed full-time by the a public school for more than one (1) year immediately preceding the request for leave;
· Leave is taken within the first twelve (12) weeks of the cause for leave~~.~~; and
· Employee has not been disciplined for any leave abuse during the past year prior to the need for leave.

An employee shall only be eligible for a total of twelve (12) weeks of paid maternity leave when the leave is due to the adoption of a child, and the adoption is following the foster placement of the same child in the employee's home.

An employee shall be compensated at the employee’s daily rate of pay for each day that the employee is on parental leave.

Any day during the academic year designated as a day when academic classes will not be held, including holidays, shall not be counted when calculating:

1. 
   
2. The twelve (12) weeks from the cause for leave; or
   
3. The total number of days approved as parental leave.
   

Eligible leave taken under this policy shall run concurrently with leave under Policy 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE but shall be used before other forms of paid leave.

Cross Reference: 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE


Legal References: A.C.A. § 6-17-122
DESE Rules Governing Maternity Leave Cost Sharing


Date Adopted: June 9, 2025
Last Revised: November 17, 2025

8.47—CLASSIFIED PERSONNEL NAME, TITLE, OR PRONOUN

Unless a District employee has the written permission of the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis to the student or the student if the student is an emancipated minor or over eighteen (18) years of age, a District employee shall not address a student with a:

* Name other than that listed on the student's birth certificate, except for a derivative of the name; or
* Pronoun or title that is inconsistent with the student's biological sex.

A District employee shall not be subject to adverse employment action for declining to address a person using a:

* Name other than that listed on the student's birth certificate, except for a derivative of the name; or
* Pronoun or title that is inconsistent with the person's biological sex.

Legal Reference: A.C.A. § 6-1-108

Date Adopted: May 18, 2023
Last Revised:

8.48—CLASSIFIED PERSONNEL DUTY TO MAINTAIN LICENSE IN GOOD STANDING

The District has several classified positions that require the individual employed in that position to hold a license or certification. The failure of an employee in such a position to keep the employee’s license or certification in good standing places the District at risk of being determined to be operating in violation of Arkansas or Federal law. Classified employees who are required to hold a license or certification as part of their position are required to maintain their license or certification in good standing. A classified employee who is required to hold a license or certification as part of the employee’s position who fails to maintain their license or certification in good standing may be disciplined, up to and including termination.

Date Adopted: June 12, 2024
Last Revised:

8.49—CLASSIFIED PERSONNEL USE OF ARTIFICIAL INTELLIGENCE

Definitions

“Artificial Intelligence (AI)” means a machine-based system that can, based on a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.

“AI Tools” means Software, hardware, or cloud-based applications that use AI to aid in tasks like content creation, data analysis, and personalized learning. For purposes of this policy, AI tools do~~es~~ not include items such as spell check or grammar check.

"Automated decision tool" means an AI tool that has been specifically developed and marketed, or specifically modified, to make or to be a controlling factor in making consequential decisions.

This policy governs the use of AI tools by classified employees in the performance of their job duties.

The use of AI tools by District employees shall adhere to the following:
• Only those AI tools approved by the District’s committee for the selection of AI tools may be used;
• The use of AI tools by employees shall adhere to District policy; State and Federal law; State rules; and federal regulations governing data privacy; and
• Employees shall consult their supervisor or the IT department if unsure about using a particular AI tool.

Classified employees are encouraged to use AI tools to enhance job performance and efficiency. Any use of AI tools shall be done in an ethical and responsible manner that protects other employees, students, parents, and the District as a whole.

The following actions are expressly prohibited:
o The inputting or uploading of information into AI tools unless the AI tool has been approved by the District to accept such information and appropriate data privacy measures are in place to comply with the District’s policies; State and Federal laws; State Rules; and federal regulations on data privacy and security;
o Using AI tools to generate false or misleading information; and
o Attempting to bypass security protocols or access restricted data.

While AI tools, including automated decision tools, may be used to assist with administrative tasks, such as scheduling, data analysis, and managing student records, final decisions impacting students or employees must involve human oversight.

Employees are responsible for their use of AI tools and for safeguarding sensitive information. Employees shall report any security incidents or potential data breaches immediately to a supervisor or the IT department.

The failure to comply with this policy or a District policy governing the release of information may result in disciplinary action, up to and including termination.


Cross References: 3.58—LICENSED PERSONNEL USE OF ARTIFICIAL INTELLIGENCE
4.13—PRIVACY OF STUDENTS’ RECORDS/ DIRECTORY INFORMATION
5.10—ARTIFICIAL INTELLIGENCE
7.16—INFORMATION TECHNOLOGY SECURITY

Legal References: A.C.A. § 6-18-2601 et seq.
A.C.A. § 25-1-128
15 U.S.C. § 6501
20 U.S.C. § 1232g
34 C.F.R. Part 99

Date Adopted: June 9, 2025
Last Revised:

8.50WF—-ATTENDANCE

An employee unable to report to work should notify the appropriate person at least one (1) hour prior to the expected time for beginning work. Employees must report when taking off for any reason and also when returning to work. This information is necessary for an accurate payroll. It is the responsibility of the employee to report when he/she plans to be absent from work. When emergencies arise during the normal workday, the employee must contact the appropriate person for permission to leave the job and also must call upon returning. Absence for any reason must be reported and a written statement will be submitted and signed by the employee setting forth the cause of the absence. It is the policy of the West Fork School District to pay employees for the amount of time they are assigned to work.

In the event of bad weather, classified employees will work unless otherwise notified by the Superintendent. Work schedules may be revised, but employees are expected to be on the job. Employees will either be assessed a day of sick leave, a day of vacation, or have a day deducted from their paycheck for non-attendance.

Date Adopted: March 8, 2004
Last Revised: April 12, 2021

8.51WF—-CLASSIFIED PAYROLL SCHEDULE

Employees are paid hourly wages for the hours worked or per contract. The hourly or daily rate will be multiplied by the number of days that the employee is contracted to work. Any adjustments due to overtime or time loss will be calculated on a monthly basis according to the payroll cut-off schedule.

The regular monthly payday for classified employees will be the twentieth (20th) day of each month. The exception will be employees contracted 185 days or less who will receive their August check on the last day of the month. If the twentieth (20th) falls on a weekend or holiday, payday will be the last contracted day preceding the twentieth (20th).

Classified employees will be paid their annual contracted salary in twelve (12) installments. Those paid their first installment in August will receive one check each month through May. In June, the classified employee will receive two (2) checks; one check on the twentieth (20th ) and the second check on the thirtieth (30th).

The district offers direct deposit of paychecks. For those not choosing direct deposit, unforeseen circumstances such as inclement weather may, in rare cases, delay receipt of paychecks.

Date Adopted: June 13, 2005
Last Revised: May 26, 2015

8.52WF—-VACATIONS AND HOLIDAYS

After one (1) full year of service, all full-time hourly (20 hours per week or more) twelve (12) month employees and twelve (12) month salaried classified employees receive ten (10) paid days of vacation per school year. Twelve (12) month employees that begin employment during a fiscal year will receive vacation time on their one-year anniversary date on a prorated basis, and then July 1 thereafter.

All vacation time must be approved, in advance to the extent practicable, by the superintendent or the employee’s supervisor who shall consider the staffing needs of the district in making his/her determination. If a vacation is requested, but not approved, and the employee is absent from work in spite of the vacation denial, disciplinary action will be taken against the employee, which may include termination or nonrenewal.

Any time/days used in excess of the vacation days accumulated will be subject to deduction from regular salary and must be approved by the Superintendent prior to the time of the leave.

All vacation time must be used before the end of the fiscal year (June 30th) during the year it is received with the exception of five (5) days which may be carried forward. No employee shall be entitled to more than 15 days of vacation as of the first day of each fiscal year (July 1). Employees terminating (resignation/retirement) service at the end of the fiscal year will take all received vacation time prior to termination. Employees leaving due to a reduction in force may use all received vacation time prior to the end of the fiscal year. There shall be no cash surrender value for unused vacation time.

All full-time hourly (20 hours per week or more) twelve (12) month employees will receive the following paid holidays: New Year, 4th of July, Memorial Day, Labor Day, Thanksgiving, and Christmas. Bus drivers and cafeteria workers who are hourly employees and work only during the nine (9) months of school are not eligible for vacation time but do get paid holidays—Labor Day, Thanksgiving, Christmas, New Year, and Memorial Day.

Date Adopted: March 8, 2004
Last Revised: June 12, 2024

8.57WF—-BACKGROUND CHECKS

All new hires as classified staff who will hold regular contracted positions must pass a background check prior to being issued a contract. The district will pay for the state and FBI background checks. The employee is responsible for paying the Child Maltreatment Central Registry background check.

Date Adopted: June 9, 1997
Last Revised: April 22, 2019

8.58WF—-INSTRUCTIONAL AIDES

1. Qualifications

The district considers instructional aides as an integral part of our instructional staff and encourages and promotes professional growth opportunities. As a minimum, the school requires a high school diploma or its equivalent for employment. Those aides employed in any instructional capacity must also have two years of college (60 hours), have an associate degree, or have passed the parapro exam.

II. Duties
A. General
Instructional aides and other uncertified paraprofessionals may not fill a teaching
assignment. Assistants may carry out lessons and class assignments, including instructional
activities, provided the assistant works under the direct supervision of a licensed teacher. An
instructional assistant may lead drills and other instructional activities without a licensed
teacher being present, provided that the assistant has received adequate instructions to
properly conduct these activities.

1. 
   
2. Pull-out situations
   

Instructional aides working in resource centers may work with all children who are
scheduled to participate in the activity. Only identified educationally deprived students
with the greatest needs will be participants.

1. 
   
2. In-class projects
   

Instructional aides placed in the regular classroom are to assist in providing enrichment
and supplemental support to identified students.

1. 
   
2. Combination assignment
   

Instructional aides are sometimes employed to accompany children and provide assistance.
This allows the aide to be a constant support to the student.

III. Basic rules of orientation
A. The educational program planning should always be done by a licensed teacher.
B. Instructional aides paid with federal funds shall not be used as substitute teachers.
C. Instructional aides should not be used to carry out general clerical or similar duties other
than those necessary to the preparation, record keeping, and cleanup of instruction.

1. 
   
2. Instructional aides paid with federal funds may be used for duty assignments at a rate no
   

more or less than regular instructional aide staff.

1. Teacher/Principal/Instructional aide relationship

For purposes of instruction, the instructional aide must follow the lead of the licensed teacher. Within the context of law, the building principal is ultimately responsible for the evaluation and supervision of all building staff. The assignment of teacher aides shall be made by the principal or his/her designee. Changes in the assignments may be made as necessary due to changes in the student population, teacher changes, and to best meet the educational needs of the students.

Date Adopted: March 8, 2004
Last Revised: June 8, 2009

8.59WF—-SOLICITATIONS BY STAFF MEMBERS

The School Board prohibits any employee of the District from directly or indirectly reaping personal profit or reward from the sale or purchase of goods or services to students in the District or to parents of such students, except as provided by law.

Date Adopted: March 8, 2004
Last Revised:

8.60WF—-COMMERCIAL DRIVER’S LICENSE FOR BUS DRIVERS

The School District will reimburse each driver for the actual cost for the CDL test and for license renewal. If the staff member leaves the district before one full year, the staff member must reimburse the school district the cost of the CDL test and for the license renewal.

Date Adopted: March 8, 2004
Last Revised: October 13, 2025

8.61—ANTISEMITISM PROHIBITED

“Antisemitism” means a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are
directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. Antisemitism may be expressed in speech; writing; visual forms; and actions, and employs sinister stereotypes and negative character traits.

The following are examples of actions, when taken as a whole, that may constitute antisemitism:
· The targeting of the state of Israel, conceived as a Jewish collectivity;
· Charging Jews with conspiring to harm humanity;
· Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion;
· Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;
· Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews;
· Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust);
· Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;
· Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations;
· Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor;
· Applying double standards by requiring of Israel a behavior not expected or demanded of any other democratic nation;
· Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis;
· Drawing comparisons of contemporary Israeli policy to that of the Nazis; or
· Holding Jews collectively responsible for actions of the state of Israel.
Antisemitism does not include criticism of Israel similar to the criticism leveled against any other country.

Discrimination and harassment based on antisemitism is expressly prohibited.

The District shall appoint an individual to act as the District’s Title VI Coordinator, who shall be responsible for investigating any complaints of discrimination or harassment based on antisemitism. The District shall:
1\. Include contact information for the Title VI Coordinator in information that is provided to staff, students, and parents; and
2\. Provide the following on the District website that may be accessed through a link titled “Antisemitism/Title VI”:

1. 
   
2. The District’s definition of antisemitism;
   
3. A statement that antisemitism is prohibited in the District’s educational programs and activities;
   
4. A statement that complaints of discrimination or harassment based on antisemitism may be filed with the Title VI Coordinator;
   
5. Contact information for the District’s Title VI Coordinator; and
   
6. Information on how to file a complaint of antisemitism with the Title VI Coordinator at the Arkansas Department of Education.
   

A student or a student’s parent may contact the District Title VI Coordinator directly with any complaints of discrimination or harassment based on antisemitism. District employees are responsible for timely notifying the District Title VI Coordinator of any complaints they receive or incidents they witness of discrimination or harassment based on antisemitism.

Complaints of discrimination or harassment based on antisemitism shall be investigated and handled in accordance with Policy 6.7—COMPLAINTS.

An employee who is found to have violated the provitions of this policy may be subject to discipline, up to and including termination.

The District Title VI Coordinator shall report an incident or complaint of discrimination or harassment under this policy to the Arkansas Department of Education Title VI Coordinator.

In addition to the filing of a complaint under this policy, complaints of discrimination or harassment based on antisemitism may be submitted directly to the Title VI Coordinator at the Arkansas Department of Education.

Nothing in this policy shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or Arkansas Constitution, Article 2, §§ 4, 6, and 24\.


Cross Reference: 6.7—COMPLAINTS


Legal Reference: A.C.A. § 6-16-2001 et seq.


Date Adopted: June 9, 2025
Last Revised:

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